Alimony Attorneys Long Island
Assisting clients through New York alimony law
When a couple ends their marriage, they often will have to consider the topic of alimony. In New York, alimony is called spousal maintenance. The purpose of spousal maintenance is to help the awarded spouse become financially independent after the divorce is finalized. Sometimes these cases are contested and heated because of the underlying emotion of the divorce procedure. Sometimes, one of the parties thinks he or she has done more for the marriage than the other or deserves more alimony than they are awarded. Whatever the case, courts take it upon themselves to divvy the marital property and assign a maintenance award to the party that clearly needs it. If you are getting a divorce and need a consultation, contact The Pollack Law Firm, P.C. for the representation you deserve.
Spousal maintenance explained
Spousal support is in place to maintain the standard of living established during the marriage. Often, cases are contested. New York courts will require both parties to fully disclose their financial status to the other spouse, including a statement of net worth. Net worth is calculated by taking all assets and subtracting the expenses and other liabilities. Sometimes, temporary spousal support will be awarded while the divorce case is pending.
Calculating spousal maintenance explained
The court is required to follow a formula to determine adequate temporary spousal support. The court will examine the income, separate property of the spouses, marital property, and tax consequences. The longer the marriage, the greater the reward. If one of the spouses have physical custody of the children, it will adjust the spousal support. New York courts will consider the present and future earning capacity of each spouse and the need of one party to incur education or training expenses in order to fulfill career goals deferred for the betterment of the family. Nonmonetary contribution to the marriage is an important factor that many don’t consider when calculating assets. If one of the parties delayed education to benefit the other’s career or academic goals, or stay home with the children, it may have a major impact on spousal support. Both parties have the right to benefit from the education and subsequent success of the other spouse.
Spousal support modifications
If the dependent spouse becomes financially independent, succeeds or surpasses the supporting spouse financially because of a career or venture, the spousal support will adjust. If the dependent spouse gets an inheritance or other monetary award after the divorce that increases their net worth, it can impact the support agreement. If a spouse can be self-supporting, the court will adjust alimony to reflect that in the future. They will consider if either spouse inhibited or continue to inhibit a spouse’s earning capabilities. If one of the parties wastefully spends the marital estate, this may have an impact on spousal support. Running up bills on the house or selling off items are going to negatively impact the maintenance award. Furthermore, if the parties can agree on a fair and just spousal support agreement, the court will often oblige. When both parties agree, they are more likely happy with the situation and everyone can live with the outcome.
When does spousal support end?
Spousal support can end for many reasons. Some reasons may include:
- The death of either party
- The remarriage of the receiving party
- A date agreed upon
- A date determined by the court
Contact a Long island law firm to assist you through spousal support
If you are involved in a divorce and want to know what you will be awarded or ordered to pay, contact our compassionate Long Island attorneys at The Pollack Law Firm, P.C. to clarify your position and protect your way of life. Unfortunately, divorce happens and marriages end. Protect your standard of living and contact our firm to assist you in your legal matter.