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When going through a divorce, you could be entitled to alimony. Alimony, also known as maintenance, is a complicated subject. If you live in Nassau County in New York State, you will need a good alimony/maintenance lawyer to help you wind your way through the process of determining maintenance rights.
What is Alimony or Spousal Maintenance?
Maintenance (https://www.familyeducation.com/life/alimony/what-maintenance-alimony), or alimony, is the monetary support that on spouse gives to another spouse when a divorce occurs. Most of the rules alimony and the amount of maintenance provided is determined by the state in which a couple lives. Payments of maintenance stop upon the death of one or the other of the spouses, or upon the remarriage of the supported spouse. The supported spouse must pay taxes on payments received, and the paying spouse can deduct the payments on their taxes. But the taxes on maintenance can be negotiated at the time of the divorce.
In days gone by, only husbands paid alimony. But in these modern days of equality, wives may also be required to pay their husbands alimony. Payments may be limited to a specified amount of time, or they may last a lifetime if a couple was married for a lengthy.
Who Pays Spousal Maintenance?
The usual rule is that the breadwinner pays maintenance, and the non-breadwinner receives the support. If both individuals work and make about the same amount of money, perhaps no one will need to make maintenance payments. But if one spouse makes vastly more money than the other, the individual making the most money will probably need to pay alimony to the person making a smaller amount. You will also need to decide the duration of time that the person receiving support will get payments. Payments may be needed just long enough for the spouse to get on their feet, or payments may be needed for a lifetime.
Types of Dissolution of Marriages
There are several ways for a marriage to be dissolved (https://nationalparalegal.edu/public_documents/courseware_asp_files/domesticRelations/Financial/TypesAlimony.asp). Spousal maintenance may be an issue in any of these ways. These three ways of marital dissolution remain:
• Annulment. An annulment is a way in which a marriage is invalidated starting from the date of the marriage. The court decides that a marriage never existed legally if an annulment is done.
• Void Marriage. Marriage is determined to be void if it is not good for any legal reason. The void marriage is also determined to be invalid from the date of the marriage, and the couples may legally separate without further court action such as a divorce or annulment.
• Divorce. A legal dissolution of marriage in a court of law.
Types of Alimony
There are two types of alimony, namely temporary alimony, and permanent alimony. Let’s talk more about these types of alimony and what they may mean to you.
Alimony Pendete Lite, Rehabilitative Alimony, or Temporary Alimony
As the name suggests, temporary alimony is only for a specified time. To be more specific, alimony pendent lite is money awarded to a person during the process of the divorce. Alimony pendente lite maintains the individual until the divorce is finalized and more permanent arrangements are made.
In some cases, a spouse needs support while they become retrained for the workforce or get re-educated. The intention is that the supported spouse will be able to take care of themselves financially after gaining marketable skills. Once a certain period of education is completed and a job is obtained, alimony will cease.
Once a marriage is legally dissolved, permanent alimony is put in place if appropriate. Permanent alimony can be paid in several ways, such as:
• Periodic payments.
• One single, large alimony payment.
• Annuity payments.
• Payments in Trust.
• Direct payment for services.
Permanent alimony may also be paid until the recipient’s death, or as long as determined by the courts. Use an expert in divorce law to help you determine how long you need to pay alimony or how long you should receive alimony.
Get the Alimony You Need
If you are working through spousal support issues as a part of your divorce, contact us at Spodek Law Group at www.nycdivorcelawyers.com. Make an appointment today, and we can assist you in protecting your financial rights during your divorce. Whether you may be paying or receiving money through your divorce, contact us today to ensure that your questions are answered quickly and by a helpful law office. We are highly experienced in divorce law in the Nassau County area and are willing to stand at your side for support during this stressful time.
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