New York Spousal Support Attorney
When would alimony be awarded in a divorce?
When a marriage ends and
divorce is the chosen path, it becomes necessary to seek knowledgeable and dedicated
legal representation in order for each party leaving the union to start
rebuilding their lives. Spousal support, also known as spousal maintenance
or alimony, is one of the most difficult elements to assess when finalizing
It is the monetary payment from one spouse to the other. These payments help to ensure that both parties are able to maintain
a lifestyle that is similar to the one they had while married.
Whether you are seeking spousal support or being asked to pay it, the New
York divorce attorneys at Eiges & Orgel, PLLC can press forward for
your interests to pursue the financial resolution you want. Our reputation
for being aggressive and not willing to back down makes us extremely effective
during negotiations and in court. With over 30 years of experience, we
also know that the best strategy to overcoming this trying time is to
closely work with your spouse's attorney to facilitate the process
and fight for a fair resolution.
How the Duration & Amount of Spousal Support Is Decided
Spousal support is not intended to punish one spouse, nor is it intended
to reward the other. The court may decide to award alimony payments if
they believe that one party would be at a disadvantage without it. It
is not uncommon for one spouse to contribute to the marriage in non-financial
ways (i.e. taking care of the home and/or raising the children), and the
court recognizes this. Through an assessment of a couple’s unique
situation, the court will decide on an appropriate duration and amount
of spousal maintenance.
In making this decision, the court will take several factors into consideration:
- Source of income and occupations of both parties
- Age, mental and physical health of each party
- Behavior and conduct of each party during the marriage
- Duration of the union
- Care for the children resulting from that union
- Debts and assets acquired during the marriage
- Future income of both parties
Types of Spousal Support in New York
In New York, there are four types of alimony:
temporary, permanent, rehabilitative and restitution.
Permanent alimony entails giving payment to one's former spouse for an indefinite period
of time, or until financial changes arise. Its purpose is to provide financial
support for basic needs, such as housing and food. Rehabilitative alimony
is a temporary form of monetary support given until the spouse in need
regains financial stability.
Rehabilitative alimony would help that spouse support themselves while
getting an education or starting a new career. Restitution alimony is
a temporary form of repayment for having given financial support to one
spouse for the duration of their vocational education and training. Whether it is a
contested divorce or
uncontested divorce, it is a key point of concern. It will determine the financial lifestyle
for both parties.
Let Us Help You Protect Your Financial Security
In some cases, fighting for spousal support can be an emotionally draining
and complicated process. The support of a skilled legal team is the only
way for you to protect your financial security. Our firm will not only
guide and advise you during this difficult time, but also take the time
to understand your desires and goals so that we can fight for what you
want. Our strong understanding and long-time experience in all matters of
family law give us the ability to assess every factor of the marriage that deserves
Contact a New York City divorce lawyer
if you are going through a divorce and need to protect your rights and
interests regarding spousal support.
We offer a no-cost, comprehensive case evaluation.