Am I automatically entitled to spousal maintenance?

When a couple makes the decision to end their marriage, they are forced to address a number of factors that must be resolved in order to successfully finalize the divorce. One of the questions that is often asked at the beginning of every divorce is whether the individual our firm is representing will be either responsible for paying spousal maintenance or eligible to receive spousal maintenance. This form of support, which is also referred to as alimony, requires one spouse to financially support the other after their marriage has ended.

Although alimony is not necessary for all divorces, it is often a factor in marriages where one spouse was financially dependent on the other. It is important to note that no one is automatically entitled to spousal maintenance in the state of New York. The court will take a number of different factors into consideration when determining whether spousal maintenance is necessary and if it is, how much should be paid and for how long. Some of the many considerations of the court include the following:

  • The income of each party
  • The marital and separate property of each party
  • The duration of the marriage
  • The age and health of each party
  • The earning capacity of each party
  • The education and training necessary for the dependent spouse to increase his or her earning potential
  • The life goals that were deferred by the dependent spouse
  • The tax implications that spousal support may have on each party

Spousal maintenance is a hotly contested matter in many divorces and often requires a judge to decide on behalf of the couple. Therefore, it is important to retain the services of an attorney that can effectively represent your interests every step of the way. Contact our firm to discuss your case.

Our firm proudly serves clients throughout Rockland County, New York when they require compassionate and effective legal guidance. If you require experienced legal representation for any of your divorce and family law matters, contact the Law Offices of Mark S. Paige, P.C. today to schedule a consultation.