As a divorce attorney and mediator for over 35 years, I have received lots
of questions about divorce. There are so many issues that must be handled
when a couple decides to file for divorce.
One issue that many divorcing couples are forced to address during the
divorce process includes spousal support, which is the money paid to a
spouse for support following a divorce. The amount and length of spousal
maintenance is determined by assessing numerous factors, including the
Length of Marriage
In most cases, a longer marriage will result in a longer 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 than 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, or income producing property the one 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-supporting
after obtaining employment or an education, the court 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 distributed 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.
If you are concerned about whether you are entitled to spousal support,
or what your spousal support payment may be based upon the guidelines, call me.
My many years of divorce experience is very effective when determining
and negotiating what you will be entitled to, and how to get what you
need whether by mediation or litigation.
Don’t hesitate to get more information about spousal support by calling
me today 212.734.1551.
FREE CONSULTATIONS are
conveniently conducted virtually to reduce risk.
I look forward to speaking with you.
Stay healthy and safe!
If you are thinking of divorce and would like the best legal guidance call
New York Divorce Lawyer Lois Brenner.
Please call to schedule your FREE consultation now.