How to Navigate Alimony and Spousal Maintenance Law in Manhattan
Though still called alimony in other states, courts in the State of New York adopted the term spousal maintenance to refer to money paid to a partner after a divorce. Spousal maintenance can be a tricky arena to navigate for either partner, so getting set up with a knowledgeable Manhattan alimony and maintenance lawyer is a must. Spousal maintenance can be awarded to either partner in a marriage even though it is awarded to men much less frequently than it is to women in New York. Courts will take a look at a large number of factors when determining spousal maintenance, so getting up to speed with the basics is recommended before contacting a lawyer and starting the process.
The Difference Between Spousal Support and Spousal Maintenance
While spousal maintenance is only awarded in the event of a divorce, spousal support is awarded by family court and is often mandated while the partners are still living together under one roof. While spousal maintenance always ends by a certain date, spousal support has no expiration and will be awarded indefinitely or until a divorce is finalized.
Individuals often seek out spousal support when their financial needs are not being met by their partner. Married partners have a legal duty to support each other, so whether you and your partner are in the process of divorce or finances are simply contested, family court will often consider this grounds for awarding spousal support. Spousal support ends at the point of divorce and during the divorce proceedings, the judge will decide whether or not continuing payments in the form of spousal maintenance are warranted.
The Factors Involved in Determining Support
Courts in the State of New York consider 20 factors when determining whether or not to award spousal support. However, almost all of these factors center around the standard of living enjoyed by both partners while in the marriage and the property owned by either spouse. Examples of factors that a court takes into consideration include the comparative assets and property owned by either spouse. If either partner will receive a large amount of assets or property as the result of the divorce, any spousal maintenance awarded to that party will be diminished.
The length of the marriage and the age and health of each of the partners is also taken into account. If the marriage has only lasted for a few years or if both partners are in good health, then the amount of spousal maintenance awarded will be smaller. However, if the couple has been married for decades and one of the partners is ill, then the other partner may be responsible for a large amount of spousal maintenance. The potential for both partners to make a future income and the training time and costs to become self-sufficient are also considered. The court also takes any domestic violence into account as a factor that may hinder the victim from becoming self-sufficient.
If either partner has lost life-long earning potential due to decisions made in the marriage, including the decision to get married itself, then spousal maintenance is almost always awarded. Custody of the children and either spouses' inability to make money due to child care concerns are also considered. How much each partner has contributed to the household, whether or not either partner has been wasteful, the cost of health insurance and any other factors that the court finds relevant will also play into how much, if any, spousal maintenance is awarded.
Setting up the Groundwork for Spousal Maintenance
While spousal support is relatively straightforward, courts considered a widely varied array of factors when determining spousal maintenance. While spousal maintenance always expires after a certain amount of years, the results of the court proceedings can affect your livelihood for a very long time. Acquiring counsel from qualified Manhattan alimony and maintenance lawyers from the very beginning of the process is absolutely critical to getting what you want out of a spousal maintenance decision.
Spousal maintenance lawyers are familiar with all of the ins and outs af spousal maintenance proceedings and can advise you on the right steps to make at the right time. They can also take a close look at your case and prepare you for what they predict your chances will be when the case comes before the court. They can also help you make sure that spousal support is fair. Contracting the services of one of these professionals is the best way to prepare yourself for the road ahead.
Alimony, known as Maintenance Support after 2016, is a monetary award granted by a judge during or after a divorce proceeding. The money is given to a spouse who received the majority of his or her support from the other party during the course of the marriage. Maintenance support is granted based on need and is intended as a form of payment that helps the individual sustain in life. Maintenance support payments are used on a temporary basis only, although the judge hearing the case decides the number of months/years of the award.
Maintenance Support Lawyers in Manhattan
Many people ask themselves if they need an alimony support lawyer. Just the thought running through your mind is enough to say that a lawyer is needed. Maintenance support lawyers in Manhattan provide legal expertise and guidance to both payees and payers in need of assistance when troubles arise. With a team of legal experts handling your alimony maintenance case, a successful outcome is something you can expect, regardless of the end of the battle you're on.
Although it isn't easy to go to court for support -related issues, it is best to handle them immediately rather than allow them to simmer for months on end. An attorney has your back, providing support, knowledge, and aggressive fighting techniques when the situation calls for such. Appearing in court without an attorney is scary, as the outcome is uncertain and you lack the comfort that only a lawyer offers. Don't sit in the courtroom with worry and wonder, without an attorney representing your case.
But Why Hire a NYC Maintenance Support Lawyer?
To put it bluntly, maintenance support laws are difficult, hard-to understand, and with recent updates to the laws, often misunderstood or misconstrued by the average person. When an attorney handles your case, that worry is gone. Lawyers understand maintenance support completely, as well as the right steps to take in your case to come out with a victory at the end of the day.
NYC maintenance support lawyers are up-to-date on the laws surrounding this matter. If you have questions, they have answers. If there are issues surrounding the maintenance support, they're unafraid to look for the evidence needed to win a case. Maintenance Support lawyers will handle all the necessary paperwork associated with this type of case. One error in the paperwork, and your case could easily be thrown out of court. Say farewell to those worries with an attorney guiding you through the case. When there is an attorney handling your maintenance support case, a successful outcome is always an expectation, no matter your position in the case.
Who Needs a Maintenance Support Lawyer?
An alimony support lawyer is needed by both the awardee and the payee when issues arise in their case. If a judge awarded alimony, but the payments aren't being made, an attorney can help you. If you were ordered to pay spousal support and feel the amount is unjust or otherwise have questions or concerns, a law firm can also provide legal expertise in your matter. An attorney offers help to those seeking maintenance support from their spouse.
Spodek Law Firm: Manhattan Maintenance Support Legal Experts
Free consultations from Spodek Law Group provide an inside glimpse into your case, helping divulge the next steps best for you to take. There's no obligation to take advantage of the consultation, but if you want a NYC maintenance support lawyer who works hard to win your case, there's no better place to turn for your legal guidance.
Spodek Law Group specializes in maintenance support, divorce, and other family law cases. The firm understands that the situation is oftentimes stressful, and you want nothing more than to move on with your life. This firm works diligently to get your case in and out of the courtroom as quickly as possible, all while securing a win in your case.
When it is an experienced lawyer dedicated to your case and getting the results that you want, it is Spodek Law Group you need on your side. With years of experience and legal expertise, this law firm provides clients the assurance they need during this most difficult time in their life. Knowing that you are being represented by one of the best firms in NYC is a comfort. Make sure that it is a comfort you enjoy.
Alimony, officially known as Maintenance Support after 2016, is a monetary award granted by a judge during or after a divorce proceeding. The money is given to a spouse who received the majority of his or her support from the other party during the course of the marriage. Maintenance support is granted based on need and is intended as a form of payment that helps the individual sustain in life. Maintenance support payments are used on a temporary basis only, although the judge hearing the case decides the number of months/years of the award.
Determining Factors in Alimony/Spousal Maintenance
As soon as a judge determines that spousal maintenance will be necessary, a number of factors will be used to figure out how much money will be paid out to the lower-earning spouse. Among the most common factors that judges examine include the length of time the marriage endured, the future earning potential of the lower-earning spouse, whether any children reside in the home, and the lifestyle the couple lived during their married years. In most scenarios, couples who have been married only one year or less are only eligible for spousal maintenance agreements that provide very little financial assistance. On top of this, if children will be residing in the home of the lower-earning spouse,then the court will often try to provide as much income as possible to make certain that the children can maintain a suitable standard of living.
How Long Does the Higher-Earning Spouse Have to Pay Alimony Maintenance?
Most spouses who have been awarded spousal maintenance payments want to know how long they’ll receive a payment from their ex-spouse in their bank account every month. The ones that are ordered to pay would like to know how long until they get to send that last payment to their ex. Here are the ways that spousal support can end:
- Upon the untimely demise of one of the spouses
- When the recipient of the alimony payments gets remarried
- On a date predetermined by a judge
- When the judge decides that the recipient spouse has had enough time to get a good job and become self-supporting
- If retirement or job loss occurs. In these cases, if the payments are not altogether terminated, at minimum, the amount of alimony is reconsidered
