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When a divorce occurs, one of the most highly-charged issues between a couple involves spousal support. Since this can involve one person possibly having to pay a large amount of money to their ex, it’s important to work with an attorney who has experience and knowledge in this area of divorce. Whether you’re seeking to gain a maintenance award from your ex-spouse or are attempting to pay only what you would consider a reasonable amount, working with a Long Island alimony maintenance lawyer can make all the difference.
Getting Alimony In Long Island
The laws of New York State allow spouses the opportunity to collect alimony maintenance from their ex-spouse in the wake of a divorce. It’s sometimes known as spousal support or maintenance, and Long Island attorneys have years of practice helping people collect the funds they’re rightfully entitled to collect in a timely fashion. When a couple makes the decision to dissolve a marriage, they make the decision to go their separate ways. Nevertheless, many couples are never totally free of one another whether there are children involved in the marriage or not.
The Purpose of Alimony Maintenance
When a couple decides to divorce, the courts realize that both people have become accustomed to living a certain lifestyle. Because of this, a judge will usually try to see that any financial agreements that are reached will be fair not only to the person receiving support, but the one who is providing the support as well. Not only do these agreements help to ensure the lower-income spouse will be able to maintain a similar lifestyle, but also allow them time and money to gain skills needed to make them self-sufficient. However, in rare instances where both spouses are deemed to have enough income to be self-sufficient, a judge may decide that no spousal maintenance agreement will be needed.
Factors Determining Spousal Maintenance
Once a judge determines spousal maintenance will be necessary, a number of factors will be used to figure out how much alimony will be paid out to the lower-income spouse. Among the most common factors used include the length of the marriage, future earning potential of the lower-income spouse, whether any children reside in the home, and the lifestyle the couple had prior to the divorce. In most cases, couples who have been married one year or less often have spousal maintenance agreements that provide very little regarding financial assistance. Along with this, if children will be residing in the home of the lower-income spouse, the court will often try to provide as much income as possible to ensure the children can maintain a certain way of life. For more information about these and other factors, visit Your text to link.
Various Types of Alimony
In New York, two kinds of spousal maintenance can be ordered by a judge. They are referred to as Pendente Lite Maintenance and Durational Maintenance.
Pendente Lite Maintenance: This kind of maintenance is paid during the pendency (thus the name) of the divorce proceeding up until a judgment of divorce is finalized. It is sometimes called Temporary Maintenance.
Permanent Maintenance: This is a type of durational maintenance in which the term, or duration, is not necessarily a set period of time. Instead, the maintenance terminates upon the occurrence of a future event. Examples of termination events include the spouse who is receiving permanent maintenance getting remarried or if the paying spouse should pass away.
Rehabilitative Maintenance: This type of temporary alimony is designed to provide support to the non-monied spouse while he or she gets ready to go back into the workforce.
Restitutional Maintenance: Restitutional maintenance is kind of temporary support that is intended to recompense a spouse who supported the other while he or she was working on educating themselves or going through job training.
In some situations where spousal maintenance has been ordered by the court, the higher-income spouse may feel as if they have been ruled against unfairly and attempt to hide various assets in an effort to pay as little spousal support as possible. Examples of ways assets are hidden include transferring money out of the country or giving property or money to family members, both of which can lead to serious consequences if found to be true. To ensure this does not happen, our attorneys will work directly with private investigators in an effort to uncover any potential wrongdoing. Using the latest forensic accounting and other financial techniques, we will aggressively pursue any attempts to hide assets, ensuring our clients are able to obtain the spousal support they deserve.
In some of the most devastating cases, one spouse who provided perhaps years of financial assistance to their husband or wife in order to get a professional license may be left with little or nothing in the event of a divorce. To make sure this does not happen, we work closely with spouses and financial experts to determine the future earnings of a spouse who has received a professional license, such as medical or legal. By working with our firm, a spouse will be able to receive a percentage of future earnings in any type of financial settlement that may be reached, allowing them to reap the rewards of their dedication during the relationship. To find out more about this aspect of spousal support, visit Your text to link….
Since New York implemented no-fault divorces in 2010, spouses may find themselves eligible for temporary alimony, which will help them through the divorce process until they are able to get on their feet financially. To be eligible for this, the lower-income spouse must demonstrate an income that is at least two-thirds less than that of the higher-income spouse. By doing so, we can help ensure there will be little if any financial hardship for the lower-income spouse during the divorce process.
Contact Our Firm Today
Whether you find yourself requesting spousal support or having to pay alimony to an ex-spouse, it’s vital to contact us here at the Spodek Law Group for a free and confidential consultation regarding your situation. Rather than let others determine how you will live your life, call us at 888-981-9185 and take the first step toward ensuring your financial future. By letting us answer any questions you may have about your divorce and its financial implications, you’ll be able to gain peace of mind, knowing you have experienced and knowledgeable legal experts by your side.