Spousal Maintenance

Rockland County Spousal Maintenance Attorney

Colleagues working together in officeGuiding clients through the topic of New York alimony

In New York State, alimony is known as spousal maintenance. Spousal maintenance can be a hotly contested matter in a divorce. Generally, spousal maintenance is the obligation of one party to support the other after the end of a marriage. Alimony functions to help the dependent spouse become financially independent as soon as possible. When spouses engage in a contested divorce over spousal maintenance, it is often because they disagree on what the other deserves. Each party often believes that they deserve a certain amount of support or are entitled to a limited obligation to pay. When opinions deeply differ, a couple can easily find themselves in court. If you are facing a divorce that is contested based on the issue of spousal maintenance, you need a law firm that can effectively protect your future. The Law Offices of Mark S. Paige, P.C. has over 25 years of experience guiding clients through tough times. If you need quality legal support through the issue of alimony, contact our firm for a consultation.

How New York determines spousal maintenance

If spousal maintenance is contested, New York courts will determine its decision in an equitable fashion. This means that the result is fair and just to both parties. New York determines alimony by following guidelines based on factors regarding the marriage. Some important deciding factors include:

  • Income: New York will examine the income of both parties to see what support is needed.
  • Property: Courts will examine the property owned by the couple. This will include marital and separate property.
  • The length of the marriage: One of the most important factors for a decision on spousal maintenance includes the length of the marriage. The longer the marriage, the longer the obligation to support the dependent spouse.
  • Health and age: Advanced age or poor health can have a major impact on the award granted.
  • Earning potential: Courts will consider the earning capacity of both parties.
  • Education and training: When deciding the award for alimony, courts will consider the need for the dependent spouse to pursue further training and education on the road to independence.
  • Life goals deferred: If the dependent spouse deferred life goals in favor of the financial success of the family through the achievements of the other party, courts will take this into consideration.
  • Tax implications: Courts will take into consideration the tax consequences of each party when deciding the support obligation.
  • Obligations to family members: Some other factors that courts will consider include where the children live more of the time and the need to care for other family members. If taking care of others inhibits a party’s ability to earn, courts will consider this factor.

Other factors that help courts determine a fair support obligation include wasteful dissipation, transfer, or encumbrance of marital property, acts that inhibit a party’s earning capacity, the ability for the dependent spouse to become independent, loss of health insurance benefits, and more.

Contact a spousal maintenance attorney

The Law Offices of Mark S. Paige, P.C. has been a legal resource to New York clients for over 25 years. Our firm is honored to serve Rockland, Westchester, and Orange County with quality legal services regarding all divorce and family law matters. If you are facing a contested divorce based on spousal maintenance, contact our firm to help you through tough times. Our attorneys are ready to compassionately guide you through your legal matter. Contact The Law Offices of Mark S. Paige, P.C. for a consultation.