Spousal support is the term used for financial support given from one spouse to another that is ordered by the court. While this term is used interchangeably with alimony, it is important to note that the terms mean different things in New York.
A court order for spousal support could have lasting financial consequences for everyone involved. Given the impact that this order could have on your life, it is important to seek the guidance of a practiced family law attorney. Let a Troy spousal support lawyer review your circumstances and advise you on whether support might be awarded in your case.
While these terms are frequently used interchangeably, it is important to note that there is a difference between spousal support and maintenance. Spousal support relates to financial support between married spouses, while maintenance occurs after a divorce is finalized. A spousal support attorney in Troy could provide further insight into the differences between these two forms of support.
Every married individual in Troy owes their spouse a duty of financial support. When they fail to uphold that duty, a court order for spousal support might be necessary. A spouse could pursue this support while a divorce is pending or not.
Maintenance—also known as alimony—is a common part of final divorce decrees. This type of financial support is paid from one former spouse to another in an effort to provide them with support as they transition into single life. When the court makes a determination on whether to award maintenance or not, they will look at a number of important factors, including the length of the marriage, the age and health of both spouses, and the ability of each spouse to earn an income independently moving forward.
There are two different courts with the power to issue an order for spousal support. Sometimes the decision to order spousal support will occur when a divorce case is ongoing but not yet resolved. When that happens, the judge overseeing the divorce case is empowered to award spousal support during the course of the divorce.
Spousal support could also be ordered in family court. During this process, a Hearing Examiner with the family court will oversee the case instead of a judge. While not technically a judge, the Hearing Examiner has the power to issue decisions in support cases. Ultimately, family court is the appropriate venue for seeking spousal support when a divorce is not pending.
Because of the open-ended nature of a marriage, there is no hard deadline on when spousal support must end. In fact, a judge or Hearing Examiner is barred from setting a time limit on the spousal support they order. This is because the obligation to support a spouse lasts for the course of the marriage.
That said, the court has the power to reduce or increase the amount of these payments. If the payments are low enough, this could effectively end the support. A Troy spousal support attorney could fight to ensure fairness in this process.
New York law recognizes a duty for spouses to support each other financially. When this duty is not upheld, a court could become involved. If you are facing a conflict over spousal support, now is the time to talk to an attorney. Reach out to a Troy spousal support lawyer today for a complimentary consultation.
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