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New York Spousal Support & Maintenance Attorney

When Would Alimony be Awarded in a Divorce?alimony case NYC

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 a divorce. It is the monetary payment from one spouse to the other and it is different than a palimony agreement. 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 spousal support 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 60 years of collective 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.

Does NYC Child Support Automatically End?

In the state of New York, child support is mandatory until the age of 21. However, if the child happens to be younger than 21, the court will examine whether he/she is married, in the military, or self-supporting. If they are, the court will consider them to be emancipated, thus ending the parent's obligation to pay.

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 consideration.

Contact a New York City spousal support lawyer if you are going through a divorce and need to protect your rights and interests regarding spousal support. We offer an inexpensive, comprehensive case evaluation.

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