Spousal Maintenance

Bohemia Spousal Maintenance Attorney

Guiding New York clients through alimony issues

Alimony, formally referred to as spousal maintenance in New York, can be a deeply contested issue in a divorce. Generally speaking, alimony is the obligation of one spouse to support the other after a divorce. The goal is to help the dependent spouse remain financially stable and, if possible, become financially independent. A lot of factors go into determining one’s entitlement to support. Contested divorces can be based on spousal maintenance. Often, a difference of opinion on what support one spouse deserves and the obligation of the other is the crux of the dispute. Each party believes that they have worked hard for the family and the marriage, quickly leading to litigation. If you are in dispute with your spouse over alimony, you should consult with an effective and experienced attorney. Peter V. Mandi & Associates, Inc. is a hands-on, attentive, and dedicated law firm serving the greater Long Island area. Whether you are requesting support or need it, if you need to schedule a consultation, contact our firm to discuss your matter.

Determining spousal maintenance

Some couples can come to an agreement outside of court regarding a spousal maintenance plan that works for them, but when a court hears a spousal maintenance case, they take many factors into consideration. Some of these factors include the following:

  • Income: Courts will examine the income of each spouse to see what support is needed.
  • Property: New York will assess the property owned, including marital and separate property.
  • The length of the marriage: The length of the marriage is a huge factor. Longer marriages generally lead to longer obligations for support.
  • Health and age: Age and health can have a major impact on the award granted.
  • Earning potential: The earning potential of both parties plays a large role in deciding how one should be supported.
  • Education and training: The need for the dependent spouse to pursue further training and education on the road to independence can play a large role in determining alimony in NY.
  • Life goals deferred: If the dependent spouse deferred life goals for the betterment of the family through the other’s education or success, this can impact alimony.
  • Obligations to family members: Marriages can be complicated. When a party has an obligation to care for family members aside from children, that fact can play a role as well.

Marital fault and spousal maintenance

When you file for divorce, you may think that fault grounds will play a role in the determination for alimony. Most believe that if their spouse cheated on them, the court will decide on the matter in their favor. When New York courts hear a divorce case, it will generally not consider fault grounds when deciding on the case. Economic fault is another story. If it is found that your spouse wastefully dissipated, transferred, or encumbered marital property, it can play a large role in the determination of alimony. If a party inhibited the earning capacity of the dependent spouse or somehow hindered the dependent spouse’s ability to be independent, it can play a role as well. If a spouse purposefully became unemployed or underemployed to impact their obligation to pay, this could be a serious matter for the court.

Contact a Bohemia spousal maintenance attorney

Alimony is an important topic to consider when getting a divorce. It is important to have the right legal support when facing a split. If you need a law firm to guide you through tough times, our firm is here to help. Contact Peter V. Mandi & Associates, Inc. to schedule an initial consultation.