Spousal maintenance, which is also referred to as alimony, is ongoing financial support the higher earning spouse pays to the lower-earning spouse during or after the divorce. Spousal maintenance is not awarded in every divorce, but if it is an issue in your divorce, it’s important to have an experienced attorney by your side. Call or email the attorneys at Kelly White Donofrio LLP to discuss your case today.
Experienced Lawyers Discuss How Spousal Maintenance Is Calculated in Rochester, New York
Calculating spousal maintenance payments is no easy feat. The court will consider a number of factors when making this decision, including:
- Each spouse’s income
- Length of the marriage
- Age of each spouse
- Each spouse’s mental and physical condition
- Each spouse’s earning capacity
- Child custody agreement
- Each spouse’s ability to find employment and provide for themselves
- Distribution of marital assets
In general, these are the main factors the court considers. But, the judge has the right to consider any factor he or she finds relevant to the decision.
Skilled Lawyer Explains How Long Spousal Maintenance Payments Last
Temporary spousal maintenance is paid during the course of the divorce proceedings. Once the divorce has been finalized, these payments are no longer required.
However, the court can order maintenance payments to be made after the divorce has been finalized. The New York duration guidelines state that spousal maintenance should be paid for between 15-30% of the length of the marriage if the couple was married for up to and including 15 years.
If the couple was married for more than 20 years, the payments may be made for up to 50% of the length of the marriage. But, payments will automatically stop if either spouse dies or if the spouse receiving maintenance remarries.
Top Law Firms Can Protect Your Best Interests In Spousal Maintenance Disputes
Both parties involved in a spousal maintenance dispute will need to be represented by a skilled family law attorney. An attorney’s job is to make sure the court-ordered spousal maintenance agreement is fair and in your best interests.
If you are paying maintenance, this means your divorce lawyer will fight to ensure the payments are affordable and reasonable. If you are receiving spousal maintenance, your attorney will fight tirelessly to make sure you receive the support you need.
The decisions made during spousal maintenance disputes can greatly affect your life, which is why it’s so important to rely on an experienced divorce attorney.
Call to Schedule A Phone Consultation With The Attorneys At Our Family Law Firm
If you are divorcing your spouse, it’s important to seek legal representation from an attorney at law with experience in spousal support cases. The family law attorneys at Kelly White Donofrio LLP have spent decades representing clients on both sides of spousal support cases.
Some of our law firm’s other practice areas include child custody, child support, child visitation rights, enforcement of court orders, paternity, division of property, legal separation, domestic violence, and divorce.
Let our team review your case and provide legal advice during a consultation. We will be happy to address your questions and review our legal fees at this time as well. To schedule a consultation, please contact our office at (585) 232-1415 or fill out the online form on our website.