New Rochelle Spousal Maintenance Lawyer
While a marriage may end, financial obligations to a former spouse might not. Spousal maintenance—the state of New York’s term for alimony and spousal support—can become a contentious issue, especially when the spouse responsible for paying support does not want to pay. When one person is unable to sustain financial independence after ending their marriage, it can make matters much more difficult they should be.
Having representation during this process matters. With a skilled New Rochelle spousal maintenance lawyer on your side, you could rest assured knowing that your divorce would be handled with expertise. Our dedicated family attorneys are well-practiced in family and matrimonial law in New York State and know the incredible amount of work it takes to make sure you are treated fairly in a situation where another party may try to take advantage of you.
Defining Spousal Maintenance
Spousal maintenance in New Rochelle is governed by New York Domestic Relations Law §236-B(6)-5a and New York Family Court Act §412. In a nutshell, spousal maintenances are payments listed in a marital agreement or an order by the court for either a specified or indefinite duration. Spousal maintenance awards can be made on a temporary basis before a divorce becomes official, or they can be established on a durational basis once the divorce is finalized.
Whether spousal maintenance awards are durational or non-durational, payments are no longer required upon the death or the remarriage of the receiving spouse. In addition, the awards can be modified due to changes in financial circumstances. A consultation with a New Rochelle spousal maintenance lawyer could help potential divorcees understand how all these factors may impact their post-divorce life.
Calculating Spousal Maintenance
If the court decides that a person can become self-supporting within a reasonably short time frame after their divorce, it can order durational maintenance for the dependent spouse. However, if a spouse is elderly, ill, or has minimal vocational skills or minimal employment history, the court has the authority to order lifetime spousal maintenance. Whatever the circumstances, the spousal payments must be calculated in a fair and reasonable manner. A spousal maintenance attorney in New Rochelle could help with calculating a reasonable payment.
In calculating spousal maintenance, the court considers many factors. These may be used in a spousal maintenance formula. Factors may include:
- The lifestyle of the couple during the marriage
- Whether the receiving and paying spouse have sufficient property and income to sustain themselves
- The length of the marriage
- The age, health, and earning capacity of each spouse
- Whether children are involved in the marriage to be dissolved, and which parent has or would have primary custody of those children
- The contributions of each party in the marriage
- Any other factors that the court deems fair and proper, such as tax consequences, the impact of lost health insurance benefits, and the potential for wasteful dissipation of marital property
Get in Touch with a New Rochelle Spousal Maintenance Attorney
The laws surrounding spousal support are lengthy and complicated, and trying to resolve these issues on your own might make things costlier for you in the end. Do not cause yourself more financial stress than you need to bear. If you are looking for help from someone who knows the law and could provide you with zealous representation, then call a New Rochelle spousal maintenance lawyer from our firm today.