Will Spousal Support or Alimony Be a Factor in Your Divorce?
The issuance of an order of spousal support or spousal maintenance (formerly called alimony) is by no means a certainty in a New York divorce. The courts will consider a number of factors in determining whether, to what extent, and for what duration spousal support is appropriate. Some of these factors include:
The length of the marriage
The age and health of both parties
The presence of children of the marriage in the respective homes of the parties
The need to pay for exceptional additional expenses for the child/children, including but not limited to schooling, day care and medical treatment
The ability of the party seeking maintenance to become self-supporting and, if applicable, the period of time and training necessary
The equitable distribution of marital property
Establishing a fair and workable spousal support or alimony arrangement requires the assistance of an experienced attorney who understands the legal criteria and the subtle nuances that may come into play. In an effort to fully protect a client’s rights and interests, a good attorney will work hard to convince the judge to deviate or not deviate from the standard formula as may be in an individual client’s best interest.
At The Mandel Law Firm, we assist clients in Manhattan, Brooklyn, the Bronx, Queens, Staten Island, Nassau and Westchester counties, and throughout the New York City metro area in establishing fair and workable spousal support agreements. Contact us by calling locally at (646) 770-3868 to speak with a New York City spousal support attorney.
Protecting Your Rights and Assets
In the wake of a divorce, both parties may experience significant financial strain. Our attorneys understand the uncertainty you face and work diligently to allay fears and establish a legal framework for your future security and prosperity.
Issues of spousal support can become complicated in a high net worth divorce or in the division of extensive marital assets. We frequently work with respected economists, business valuators, forensic accountants and other independent professionals whose expertise is invaluable in such cases
Temporary Spousal Support
While a divorce is pending, temporary spousal support may be ordered by the court. Temporary spousal support is different from final spousal support, which may be part of the final divorce order or settlement when the divorce is finalized.
Temporary spousal support is determined according to statutory guidelines. There is a formula used to determine if temporary support is warranted, and if so, how much is to be paid. This formula only applies to temporary spousal support, not the final spousal support order. It is important to recognize that this formula that results in the presumptively correct amount is not “written in stone”.
Modification and Enforcement of Spousal Maintenance
Modification of an Order or agreement of spousal maintenance, also known as spousal support or alimony, is completely within the court’s discretion. When petitioning the court for a modification of the amount of spousal maintenance you either receive or are required to pay, your attorney serves as your advocate. It is your lawyer’s job to understand your needs and convey a compelling message to the court, describing why an unforeseen, substantial change in your circumstances should necessitate the desired modification.
If you were awarded spousal maintenance by the court and your former spouse has failed to follow the terms of the Supreme or Family Court Order, we can also assist you in receiving the money to which you are entitled.
Schedule an Informative Consultation Today • Alimony Attorneys Serving Manhattan, Bronx, Brooklyn, Queens and other New York Counties
Let the experienced spousal support attorneys of The Mandel Law Firm show you how to make this new law work for you. If you have questions regarding whether you will have to pay — or will be eligible to receive — temporary or permanent spousal maintenance in your divorce, contact a lawyer online today.
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To learn more about getting a Spousal Support/Alimony in New York, contact us online or by calling locally at (646) 770-3868.