Rochester Spousal Support Lawyer

Spousal maintenance (formerly known as alimony) is a payment that one spouse makes to the other during or after a divorce so the lower-earning spouse can survive financially for a given amount of time. Financial concerns during a divorce are often complex, and the debate over money can become heated. A Rochester spousal support lawyer understands the issues and can help either the spouse who is receiving support or the spouse who is giving support.

When you need assistance to obtain a fair spousal maintenance award, trust the experienced family attorneys at The Colwell Law Group, LLC, to resolve complicated financial issues and provide helpful legal guidance.

Spousal Maintenance Formulas

New York has two (2) formulas to determine the amount of spousal support awarded in a divorce case. These formulas are income-based, and while they may seem straightforward, complexities do arise, making it more complicated. A knowledgeable spousal maintenance lawyer in Rochester can help iron out disagreements and suggest a plan that is fair for the couple.

A spousal support agreement may be adjusted based on various factors, including:

• The length of the marriage;
• The age and health of each spouse;
• The impact of caring for children in the home;
• If child support payments are also being received;
• How much health insurance will cost for each spouse;
• The spouse’s present or future ability to earn wages;
• The standard of living for the spouses during the marriage;
• Whether the truth was told when a spouse valued their marital property;
• The need for a spouse to seek further training or education in order to improve their wage-earning capacity;
• Other factors that the judge may find to be significant when determining the amount of spousal support.

Because these factors cannot be easily put into the spousal maintenance formulas, having a qualified attorney on hand who can guide the spousal support negotiations is important.

Types of Spousal Support

Temporary maintenance is a type of spousal support that helps the spouse who earns less income as they look for a new job, go back to school, or go into a training program for a new job. 

Post-divorce maintenance is a type of spousal support that is typically awarded in the case of a long-lasting marriage. It may also be awarded in cases of a wealthy spouse or if the lower-earning spouse cannot easily enter the workforce to support themselves. It is intended to allow the lower-earning spouse the opportunity to live a lifestyle that is close to what they were used to living during the marriage. This type of spousal maintenance may be paid for the rest of the recipient’s lifetime or a certain amount of years, as determined by the judge. 

A seasoned spousal support attorney in Rochester can discuss the types of spousal maintenance and help determine which ones apply in a specific divorce case.

Speak to an Attorney Who Understands Spousal Maintenance Laws in Rochester

The spousal maintenance laws have a history of changing, making it all the more necessary to work with a Rochester spousal support lawyer. Our law firm knows the various statutes and formulas inside and out, and we can provide legal guidance in even the most complex divorces.

If you are thinking of divorcing your spouse, you are in the process of divorce, or you are divorced and feel like you have not been awarded a fair amount of spousal support, contact us to schedule a complimentary consultation.