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New York Spousal Maintenance

New York Spousal Maintenance Lawyers Help Obtain Financial Support During and After Divorce

Divorce attorneys help spouses seeking or contesting maintenance orders in Westchester, Putnam, and Dutchess counties as well as New York City

If you fear that you won’t be able to support yourself after a divorce because your spouse has been the breadwinner of the family, court-ordered spousal support payable by your spouse may be the solution you need to avoid an intolerable hardship while you live on your own. Whether you are the paying or supported spouse, the divorce attorneys of Needle | Cuda are ready to help you maintain your standard of living or protect your income from unfair demands during and after the divorce proceeding. Our Brewster-based attorneys will give you the personalized attention and aggressive advocacy you need to help you through this difficult time.

What types of spousal maintenance are available in New York?

New York recognizes two types of spousal maintenance:

  • Temporary maintenance — This consists of periodic payments ordered by the court while the divorce is pending. The payments terminate when the proceeding ends, based on your actual financial need.
  • Post-divorce maintenance — This type of maintenance consists of periodic payments, awarded as part of the divorce decree, and is based on a weighing of a number of factors, including the parties’ incomes and the length of their marriage.

We will present the strongest case possible to persuade the court to award what you need. On the other hand, if you are the higher paying spouse, we will aim to avoid or limit the amount that the court obligates you to pay.

How do New York courts determine spousal maintenance (a.k.a. alimony)?

Temporary and permanent maintenance calculation guidelines appear simple at first, taking into account the following two factors:

  • Each spouse’s income, up to $203,000 for the paying spouse;
  • Whether either makes child support payments;

However, the court will consider whether the guideline amount of maintenance would be unjust or inappropriate.  And if so, the court can award maintenance that deviates from the guidelines.  Specific factors that the court considers include:

  • Present and future earning capacity of each spouse;
  • Age and health of each spouse;
  • Need for education or vocational training for the supported spouse;
  • Contributions to the marriage;
  • Living standard during the marriage;
  • Wasteful use or unfair transfers of marital assets by a spouse;
  • Acts by one spouse to inhibit the other’s earning capacity;
  • Other circumstances affecting the spouse’s earning capacities, such as the need to care for others;
  • Effect of property division;
  • Tax consequences;
  • Availability and cost of medical insurance;

In either case, the court has discretion to increase or decrease the amount it would otherwise award in the interests of justice. If the court awards maintenance, we will present the evidence and arguments to support an award in an amount that is fairest to you.

Needle | Cuda’s New York practice serves clients in Scarsdale, Chappaqua, Larchmont, Pound Ridge, Armonk, Rye, Bronxville, Briarcliff Manor, Bedford, Harrison, and Tarrytown.

Contact our New York spousal maintenance lawyers for savvy and straightforward legal counsel

If you need alimony during or after your divorce or are facing your spouse’s claim for it in Dutchess, Putnam, Westchester County or New York City, Needle | Cuda is ready to help. We provide highly responsive service and effective representation focused on positive results. To arrange a consultation, call us today at 203-557-9500 or contact us online.

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