Spousal maintenance, otherwise known as alimony, is a contentious issue in a New York divorce case, regardless of whether you are seeking support or fighting against payment. Though it is meant to provide financial assistance under proper circumstances, many parties in a divorce case have questions and concerns about their rights in alimony disputes.
It is essential to work with experienced lawyers in any divorce case, particularly when they involve the emotionally charged issue of spousal maintenance. Atthe Colwell Law Group, our Washington County alimony lawyers will put your needs first to assist in obtaining a favorable outcome. Since 2005, we have been representing clients in Washington County and Upstate New York, helping them achieve their objectives in spousal support matters.
Spousal Maintenance in New York
One party may endure financial hardship, both during divorce proceedings and after entry of the final divorce decree. Alimony is intended to alleviate money concerns, while also providing the means for a lower earning spouse to earn a living. Parties are encouraged to agree on alimony payments, butNew York State law applies to determine support in the event of a dispute. A judge may consider:
The length of the marriage;
Each party’s income and future earning capacity;
The age and health of the parties, for purposes of employment;
How marital assets are divided;
Whether one party gave up valuable opportunities to contribute to the family;
Whether one spouse assisted the other in achieving career goals; and,
A variety of other factors.
These factors are intended to guide theWashington County Family Court, both in determining the propriety of alimony and decided how much is appropriate under the circumstances.
Forms of Alimony
The types of alimony in a New York divorce case address two time periods involved in the process:
Temporary Spousal Maintenance paid to one spouse during divorce proceedings; and,
Post-Divorce Spousal Maintenance, which may apply after the case concludes.
Post-divorce alimony may be appropriate after entry of the final divorce decree, but it is likely to be limited in terms of duration. The aim is to allow the recipient party to become self-sufficient and earn a reasonably comfortable living. Permanent spousal support is rare, but a judge may order alimony to be paid for the recipient’s lifetime where:
The marriage lasted several years;
One spouse is considerably wealthy and/or possesses extensive future earning capacity; or,
The lower earning spouse would have difficulty with training and getting back into the workforce, often due to age.
Note that either durational or non-durational spousal support terminates if the recipient remarries or engages in a cohabitational relationship with another person.
Discuss Spousal Support with a Washington County Alimony Lawyer
At the Colwell Law Group, our lawyers are dedicated to assisting clients with all aspects of divorce, including alimony. Please call our office at 518-864-0564 orvisit our website to schedule a confidential consultation today. We can explain your legal alternatives, assess your goals in a divorce proceeding, and tell you more about your case after reviewing your circumstances.
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.
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