Spousal maintenance (more commonly known as alimony or spousal support) is a series of financial payments made between two people after their divorce has been finalized. Post-divorce maintenance generally lasts for a set amount of time based on the length of the marriage.
These payments are intended to help the dependent party gain an education or return to the workforce. Once they are financially independent, there may be grounds for the payments to stop.
A dedicated divorce attorney may be able to answer your questions surrounding post-divorce maintenance during a complimentary consultation. Call Colwell Law Group today to learn more.
Post-divorce maintenance is a kind of spousal maintenance allowed by New York law. It is always awarded after the marriage has been dissolved, with the express purpose of allowing one spouse to become financially independent or to maintain their accustomed lifestyle.
Judges have substantial discretion in these cases. They have a say in how long an award lasts and whether or not maintenance is appropriate. The Courts must take into account a wide range of factors when making a decision in these cases.
Judges will consider both parties’ ages to determine their future earning capacity. They will also look at their education and training, which can impact their future income. Additionally, judges will factor in the need to obtain a degree or workplace training.
Judges will consider the full length of the relationship and the role both parties played during the marriage. This includes whether there was a pre-marital joint household. A person who faces reduced or lost earning potential due to forgoing and delaying their education to stay at home during the marriage is more likely to qualify for maintenance.
New York law sets specific guidelines for these payments, which are largely based on the length of the marriage. It is important to note that judges have leeway not only to make an award within this range, but also to deviate from it entirely.
When the marriage lasts between zero (0) and 15 years, the advisory schedule suggests maintenance lasting between 15 and 30 percent of that time. This may result in support payments lasting between a week and 4.5 years.
The law suggests support lasting 30 to 40 percent of the marriage for marriages lasting between 15 and 20 years, which works out to between 4.5 and eight (8) years. For couples who have been together for more than 20 years, the schedule suggests payments lasting between 35 and 50 percent of that period, which can mean more than seven (7) years of payments.
During an initial consultation, an experienced family attorney may be able to explain post-divorce maintenance and advise on its duration.
It is natural to have many questions beyond what post-divorce maintenance is. This process can be complex and confusing, especially given the Courts’ discretion.
To ensure you are treated fairly, reach out to a reliable lawyer with Colwell Law Group today.
At the Colwell Law Group, our number one priority is always our clients. The members of our team have decades of combined experience in negotiating and trying family law cases. We are able to use our experience and our knowledge of the courts and New York family law to act as advocates for our clients. Our lawyers are dedicated to serving our clients’ best interests while also allowing them to feel heard and understood. We want to ensure that they trust us and understand why we do what we do. Colwell Law has numerous attorneys who are experienced in Family Law that can help put you at ease.
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