Most couples who are divorcing want to know whether they will be able to receive, or be forced to pay, alimony. Unless otherwise stipulated by a valid and fair prenuptial or postnuptial agreement, whether or not one spouse will be liable to the other for alimony payments is dependent upon the income and resources of each party, and whether or not one party does not have the economic means to reasonably support themselves.
At The Colwell Law Group, LLC, our Schenectady County alimony lawyers can assist you in understanding alimony – also known as spousal maintenance – laws in New York, and help you fight for, or defend yourself against, a request for alimony.
Factors a Court Considers When Awarding Alimony
If one spouse does not have the income necessary to reasonably provide for their needs, and the other spouse does have the income or property to provide for those needs, then spousal maintenance will probably be awarded. However, maintenance is designed, in most cases, to provide the dependent spouse with the financial support they need until they can acquire income or the education or training needed for income. As such, how much alimony a court will order a spouse to pay, and for how long, are dependent upon factors such as:
The current income and earnings of both spouses;
For how long the couple has been married;
The amount of time it would take the dependent spouse to acquire education or training for employment;
Ability of maintenance-seeking spouse to become self-supportive;
Tax consequences; and
Any other factors that the court finds relevant.
Temporary Maintenance vs. Post-divorce Maintenance
Again, in most cases, a court will only award maintenance as a bit of a buffer for the supported spouse until the point that they are able to achieve self-sufficiency. However, this should not be confused with temporary maintenance, which is spousal support that is ordered by a judge while the divorce case is pending. This type of maintenance ends when a final order of maintenance is issued by a judge.
Post-divorce maintenance, then, is the type of spousal support that is paid after a divorce has been finalized. A post-divorce maintenance order can be durational, which means that it will end after a certain amount of time has elapsed. If it is non-durational – which is rare – it will be awarded until either spouse dies, or the receiving spouse remarries.
Contact Us Today for Information About Alimony
If you have questions about spousal maintenance, our smart Schenectady County alimony lawyers can provide you with informed answers, as well as legal guidance as you navigate the court system. Do not cheat yourself out of a maintenance award, or get stuck paying way more than you should, as a result of not having competent legal representation. Instead, contact our law firm today to meet with one of our team members as soon as possible.
Get The Best Outcome For Your Children
Learn how to help your kids cope with your divorce with our complimentary guide for parents who are getting divorced or separated in New York.
Divorce is probably the most frightening thing I have ever had to go through in my life. Nothing can prepare you for... what you're going to experience - whether that be emotionally, monetarily, or just the sheer amount of knowledge required to navigate through. Picking the right law group and then attorney/lawyer is just the beginning. The options are endless and you can only hope you make the right decision. I was assigned to Marissa Gordon, and words truly cannot express how thankful and lucky I am. From the beginning she was beyond approachable and made herself available for every question/concern/need/etc. in a very timely manner. I cannot begin to explain how scared this whole situation has made me feel, but at the end of the day I felt safe knowing that she was handling my case. Thank you for all the care, consideration, and treating me like a human, not just a number. I know this is a decision I'll never regret.read more
Employed Colwell for a custody case. First lawyer seemed disinterested and unhelpful. Was appointed Kyle Starks after... that. He was attentive, reachable, and truly cared about me and my kids. We were successful in large part to his counsel and work. Highly recommend.read more
Edited: This is a detailed review and I hope it helps others.Cons:I did notice the reviews and decided to take the... chance anyway. At first, my experience was great. Consultation had me hopeful. However, consultation is not with an attorney. You cannot speak with an attorney until you pay the $6000 retainer fee and sign the Letter of Engagement. Then, you will be assigned an attorney. That is the first red flag.My attorney is James Lesperance. He is well versed and knowledgeable at what he does. He kept in contact with me quite often in the beginning and communicated well on what to expect in the coming court cases. 100% of the time he was right about what happened. I felt very comfortable with him.There was a lack in communication in later weeks, but having added a 2-star review, that has since changed. Sometimes you just have a to light a fire to get them moving. James is working diligently on everything for me.I will say that invoices come in frequently compared to what work is done on your case and that this firm is very costly.Pros:Friendly staff during consultation and most calls to the office.Had a question about my bill which they refunded some of it.Asked to amend the Engagement Letter, which they allowed.Attorney is knowledgeable and experienced.Firm contacted me to assure me that good communication will resume and it has.My next and hopefully last court date is June 1st. I'm hoping I can increase this review to 4 stars after that. At this time, James, I would give 3/5 stars. The firm itself gets a 3/5.read more
I contacted the Colwell law group when I needed an attorney. Amanda Iannone-Hens was assigned to represent me and did... an excellent job. She made me feel comfortable and answered my questions in a very timely fashion. Should the need arise, I will absolutely retain her services again. I highly recommend this law firm!read more
Divorce and custody issues are never easy, but the staff at Colwell are amazing and made me feel comfortable and put my... mind at ease. My initial contact was with Lauren. She was professional and made me feel like family. I would recommend Cowell Law Group to anyone beginning the Family Court process.read more
The kindness and understanding shown to me when I called this group for help was something I had not experienced... before. Jill explained in great detail what they thought they could do to help me. She spent time and most of all showed me great compassion. I was not prepared for the empathetic response. I highly recommend this group. I felt like they treated me as a family member, not a stranger. This is unusual in a world that sometimes forgets to be humane to one another. I am very thankful to her, and look forward to working with them.read more
After almost a whole year of feeling nothing but stress on my shoulders, Colwell Law Group has lifted that stress in... every aspect! My attorney, Amanda Iannone-Hens, has been very insightful and vigilant throughout my case. I'm very grateful for what everyone has done for me; from the first time I called looking for help in the little amount of time I had and until now I have nothing but gratitude for this firm and all they've done for me!read more
Very nice people! Very helpful and understanding through the whole process! I feel they went above and beyond to make... things easier and smoother. Very knowledgeable in their practice and easy to communicate with in a timely fashion. Plus they always have coffee. Lindsey Philips was awesome to work with and also my attorney Kyle Starks was awesome too! Would recommend him to anyone!read more
I like the starting process here. You don’t have to pay a few hundred dollars initial consultation fee just to... understand how the lawyers to handle your case. Instead, you meet with a very experienced customer relationship person to take the background information and arrange the legal support for you. I met with Linsey and very much impressed with her professionalism and compassion. She’s knowledgeable, responsible, and cares. I’m happy with the experience.read more
I retained Anthony Sokolowski, 17 months into my divorce and custody case. I could not have made a better decision.... Anthony, wanted to understand where exactly we were in the divorce/custody case, so that he could be sure that we were all working together towards a common goal.Anthony was not only understanding that divorce and custody cases are hard, but was also willing to work around my work schedule, always listened to what I had to say, and addressed each and every concern, always made sure that I fully understood each and every possible outcome. Even though this was a hard case to handle, he always made me feel important, and that he truly cared and not that I was just another paying client on his books.I could not have been happier with the decision to retain him for counsel, he went with every twist that this case had, and there was plenty always ensuring me that things will get better, and we are in this together. Anthony took a already hard situation, and made each conversation feel a little lighter with his sense of humor, and kind words. It was nice to finally have counsel that truly cared, and we were working towards a common goal. While working towards a common goal we were finally able to end the case, and everyone is pleased with the outcome. I would highly recommend him, to friends or family in the event that they were dealt the cards I was.Anthony truly is a stunning attorney, with a gentle heart, kinds words, and has a unique ability to be able shed some light on our darkest of days.Thankful for all those i encountered at the firm, but more importantly thankful for Anthony's understanding, and flexibility because this was a tough case, he took it on without even knowing the history of 17 months.read more
Through a yearlong and difficult divorce, Anthony Sokolowski was a skilled attorney who helped me navigate the most... challenging aspects of a divorce and custody battle. He was on top of things throughout, always patient and empathetic. When things got tough he was a strong defender and he had embodied my situation when I needed him to do that.read more
I retained Attorney Anthony Sokolowski for my very difficult and complicated divorce and custody case. Anthony was not... only knowledgeable but personable and I never felt alone throughout process. Anthony was always honest and genuine with me, he was always available and made me feel safe in the fact that he was fighting for my and my child’s best interest. I worked with Anthony for over a year and this held true throughout entire time. We ended with getting what I asked for and the best possible outcome for myself and my child.I highly recommend Anthony Sokolowski for any family law needs.read more
I was referred to this Law Group from a local office and I'm glad I followed through. I was represented by Kyle who... was professional, responsive, and easy to work with. I felt very comfortable with his representation. Thank you....Carmel Reillyread more
My experience was truly enlightening and very welcoming! I spoke with Kito who instantaneously related with my... situation and assured me that the firm could help me and I believe him. Five stars all around. It’s nice to meet people who have the same compassion for fathers rights and actually love to help instead of just pushing papers through. Thanks For all the information and encouragement Kito .read more
From the very first call, this law firm has been nothing short of exceptional. My family is working with Kyle, who... consistently provides support, dedication, responsiveness, and who utilizes his experience to help us navigate family court and custody. Every interaction is professional, and I would highly recommend the Colwell Law Group.read more