Spousal Support in New York
New York Spousal Support: What is it?
Alimony lawyers are sought after by many who have been unable to mediate the financial aspects of their separation and divorce. Alimony attorneys usually try to mediate disputes prior to the courtroom, but there are occasions when the court must be involved to dictate terms of maintenance or support. “Alimony” or “maintenance”, spousal support is financial support for a former spouse in the form of a periodic payment (usually monthly). In the past, supporting of the spouse was considered a right of the wife, but today it is rewarded without regards to gender. Moreover, spouse support New York is a far cry from the days of community property and the wife getting “half”. New York is a no-fault divorce state that uses equitable distribution guidelines to facilitate spousal support in New York.
NY Spouse Support: How does it work?
Your spousal support lawyer can describe maintenance in more detail. The decision to award “maintenance” or spouse support New York, along with the monetary amount and duration of the award, is determined in accordance with state law, which can vary considerably from state to state. Generally speaking, there are four factors that a state can use determine the details of spousal support New York arrangements.
1. Statutory list: The court will reference a specific and defined set of criteria that has been codified into law by the legislature. These lists can be extensive.
2. Marital fault: The court will take into account whether one or both spouses has engaged in marital misconduct such as adultery or abuse.
3. Standard of living: The court will take into account the standard of living established by the couple during the marriage.
4. Status as a custodial parent: The court will factor in the monetary needs of a custodial parent.
Determination of Disparity
Each state has its own unique way of determining support for the spouse. New York alimony laws have been modified over the years to be more equitable in regards to male and female spouses alike. For spousal support in ny the main concern of the court is rectifying any economic disparity that arises as a consequence of divorce. For instance, a spouse who engaged in nonremunerative work – child care, home maintenance, etc. – during the marriage will be at an economic disadvantage after the separation and spousal support serves to aid that spouse in their transition from married to single life. The duration of the spousal support in ny will usually be decided on the basis of the marriage’s length. The longer the marriage, the longer the spousal support will be in effect. Some states will even allow permanent support for your spouse for marriages that lasted longer than ten years. Spousal support in New York arrangements are often times reviewed periodically and typically are ended when the spouse remarries or becomes financially self-reliant.
From time to time, one spouse will attempt to hide assets so that the spouse owed maintenance receives less than he or she has rights to. Sometimes this happens when one spouse gives property or money to a family member temporarily or even moving money overseas. Alimony attorneys must work with private investigators who specialize in financial forensics to uncover all of the assets that are being withheld from view. Our alimony lawyers routinely hire experts in cases where a spouse recognizes that there are assets that are being moved around illegally.
Our attorneys have been a part of making history through case law in the area of professional licenses and determining the future earnings of licenses achieved during marriage. Spouses who worked and took care of the financial aspects of the marriage while another spouse went to school are entitled to a percentage of future earnings off that license. Speak to one of our New York child support attorneys today to find out what you are entitled to from a financial settlement or future maintenance.
If you have questions or concerns about a pending or present spousal support case, contact an attorney who specializes in family law so that you can be better prepared to obtain a favorable and fair judgment.