Lois M. Brenner, Esq.

During this financially challenging time, don't delay your divorce.
We are offering
FREE 1 HOUR CONSULTATIONS!

Free Phone Consultation!

Call Now to Speak with Lois Brenner

646.663.4546
  • Home
  • Meet Lois Brenner
  • Divorce
  • Divorce Mediation
  • Psychology of Divorce
  • Testimonials
  • Blog
  • Contact Us
  • Call Today
  • Email Us
  • Our Map
  • Menu
    Home
    Meet Lois Brenner
    Divorce
    Divorce Mediation
    Psychology of Divorce
    Testimonials
    Case Studies
    FAQ
    Blog
    Case Evaluation
    Contact Us
    Site Map
  • Asset Allocation
  • Business Partnerships
  • Child Custody
  • Child Support
  • Contested Divorce
  • Divorce Litigation
  • Domestic Partnerships
  • Divorce Process
  • Domestic Violence & Abuse
  • Equitable Distribution
  • Estate Planning & Divorce
  • Family Law
  • Fathers' Rights
  • Grandparents' Rights
  • Health Insurance
  • High Net Worth Divorce
  • Life Insurance
  • Matrimonial Law
  • Military Divorce
  • Pensions
  • Prenuptial Agreements
  • Postnuptial Agreements
  • Separation Agreements
  • Taxes
  • Uncontested Divorce
  • Visitation
  • Women's Rights
man and child

New York Divorce Blog

Blog 2016 August What Determines The Length And Amount of Spousal Maintenance?
Previous Post  |  Next Post

What Determines The Length And Amount of Spousal Maintenance?

Posted By Lois M. Brenner, Esq. || 1-Aug-2016

There are many issues that must be handed when a couple decides to file for divorce. One issue that many divorcing couples are forced to deal with during the divorce process includes spousal maintenance, which is the money paid to a spouse following a divorce. The amount and length of spousal maintenance is determined by the court after the court has assessed numerous factors, including the following:

· Length of Marriage

In most cases, a longer marriage will result in a larger spousal maintenance award, if one is awarded by the court. This can increase if the requesting spouse stayed home with a child, during the marriage, and has therefore earned less that the other spouse.

· Health and Age of Spouses

If a spouse is older or is experiencing health issues, they may be awarded a larger spousal maintenance award. Courts may evaluate this form of maintenance by assessing medical records and other information.

· Property and Income of Both Spouses

New York state courts will consider the various properties owned by each spouse. If the spouse seeking maintenance is to receive a significant amount of the marital property, the spouse seeking maintenance may receive a smaller award.

· The Future and Present Earning Capacity of Each Spouse

The court will assess the current status of the spouse seeking maintenance and their ability to be self-sufficient. If that spouse is able to obtain education or employment to become self-supporting, maintenance may be provided for a shorter period of time.

· Training or Education Costs a Spouse May Need to Live Comfortably

If the court determines that the seeking spouse can become self-supportive after obtaining employment or an education, they may only award spousal support for a specific amount of time that allows the seeking person to obtain such. Additionally, the court may consider the amount that an education or training will cost when determining the amount of the spousal maintenance award.

· Equitable Distribution of the Couple’s Marital Property

In New York, courts ensure that marital property is separated equitably. This means that each spouse may not receive exactly half of the assets. So, if one spouse is awarded the marital home, that spouse may be responsible for paying maintenance to pay off the other spouse’s home equity.

Lois Brenner, Esq. Is Here for You

If you and your spouse are contemplating divorce and would like legal guidance regarding spousal support or spousal maintenance, we invite you to get in touch with our New York divorce lawyers at Lois Brenner, Esq. as soon as possible! We can examine your circumstances and determine which legal approaches can help you obtain positive results in the shortest amount of time possible. We believe every person deserves to live a happy and comfortable life, and that is why we are here to help.

To discuss your current situation, contact a New York divorce attorney from our firm today!

Categories: Divorce, Family Law

Share Post

Rely on Lois Brenner

Call us at 646.663.4546 to talk with Lois Brenner and obtain the legal counsel you need.

Send Us Your Case Now
  • “You are truly the best divorce attorney in New York!”

    - Christine

  • map pin
  • “Thank you for doing such a tremendous job!”

    - Bill

  • map pin
  • “Thank You, Thank You, Thank You!”

    - Sara and Jeff

  • map pin
  • “I didn’t expect to find a divorce attorney as amazing as you!”

    - Deborah

  • map pin
  • “Keep up the good work!”

    - Jonathan

  • map pin
  • “First, you were so easy to talk to and second, you really know what you are doing!”

    - Sharon

  • map pin
Read All Reviews
  • facebook
  • twitter
  • google-plus
  • linkedin-2

Lois M. Brenner, Esq.

Lois M. Brenner, Esq. New York Divorce Attorney 12 East 86th St,
Suite 1230,
New York, NY 10028

View Map

(646) 663-4546


divorcelawyerny.com
  • Home
  • Site Map
  • Privacy Policy
  • Contact Us
Internet Marketing Experts