Alimony & Spousal Support
Alimony & Spousal Support
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Spousal Maintenance
In the state of New York, the courts can award maintenance to one spouse. Maintenance, also referred to as “alimony” and “spousal support," is presented in the form of a monetary payment from one spouse to another. Either spouse, male or female, can be ordered to pay maintenance to their spouse by the court. The monetary payment can be awarded over time or in one large sum.
The court has broad discretion to award any amount of money that is necessary for the support of the recipient spouse as long as the court’s decision is based on the facts and the circumstances existing at the time the award is granted. The facts are integral, carefully reviewed, and your attorney will play a big part in showing the necessary information and facts to help you reach the goals you are hoping for in regards to maintenance payments.
It’s completely normal to have fears when your marriage is ending. You may worry about finances, living situations, what you’re entitled to if you split up, etc... Money is the common denominator here and can lead to heated arguments, emotional situations and problems that often needs to be handled by a professional. Spousal maintenance, spousal support and alimony all mean the same thing and couples here in New York may need reach an agreement that requires an ex-wife or ex-husband to pay money to their ex spouse. This can be challenging and often complicated, but call our office today for a free consultation to discuss your specific situation. With Beth A. Rosenthal, P.C.'s 25+ years of experience with this, she can help you with this controversial and complex aspect of your divorce.
How Does Spousal Support Work in New York State?
There are three types of New York alimony — also known as maintenance or spousal support — that can be awarded by the courts.
Spousal support is a key component of many divorces or legal separations. In a contested divorce or an uncontested divorce, this issue may need to be addressed. Your divorce attorney will play a big part in the outcome of this; therefore, it’s important to choose an attorney who will be able to use experience, persistence, and dedication in order to successfully represent you during negotiations or in court. Beth Rosenthal possesses all of these traits and skills and will guide you throughout the entire process as she works to get you what you deserve and are legally entitled to!
The judge will examine the following before awarding spousal support:
- The length of the marriage
- Conduct of the spouses during the marriage
- Age and health of the spouses
- Occupations of the spouses and their incomes
- Sources of income
- Vocational skills and employability of the spouses
- Assets and debts of the spouses
- Any special needs of the spouses
- The opportunity of the spouses to acquire future income and assets
In New York, there are three types of spousal support — permanent, rehabilitative, and restitutional:
- Permanent alimony is a payment for things such as food, housing, clothing, and other provisions of a spouse. If a spouse is requesting permanent alimony, they must prove their need for support. Permanent alimony, once awarded, remains in effect indefinitely or until there is a change in circumstances, which may lead to a review of the arrangement.
- Rehabilitative alimony is a payment designed to provide the necessary support to enable a spouse to refresh or develop job skills that will allow them to secure a vocation. This is a common form of alimony and it is temporary.
- Restitutional alimony is a repayment of support given to a spouse while they were pursuing their education or enhancing vocational skills and is temporary. Spousal support is often one of the most difficult situations to deal with in the divorce process because it affects the current and future lifestyles of both spouses. No one wants to be hindered financially by the payment or lack of alimony.
We empathize and understand that this is a lot of information to process and very complex. Call our office today for a free consultation with Beth Rosenthal, and we can discuss your situation, as each one is unique.
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Beth A. Rosenthal, P.C.
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