Brookhaven Spousal Support Lawyer
When a marriage dissolves, it’s essential to understand the financial ramifications, including the obligation of one spouse to financially support the other. In New York, such financial support during or after a divorce, also known as alimony or maintenance, can be an integral aspect of divorce proceedings. Navigating these laws and their complexities necessitates the guidance of an experienced Brookhaven spousal support lawyer. The Law Office of Joshua Adam Kittenplan is well-equipped to offer advice and representation during negotiations for spousal support or in court proceedings, whether you are seeking or opposing such support.
Spousal Support and Maintenance In New York
In New York, the term “spousal support” refers to financial support between married couples. One can petition for a court order of spousal support in Family Court. Alternatively, the term “maintenance” denotes the support paid by one party to another during or after a divorce, which typically takes place in New York Supreme Court. Despite being referred to as maintenance in court, many people still use the widely known term “alimony”.
During divorce proceedings, a party may seek temporary maintenance to address immediate financial needs. The court determines the amount of temporary maintenance using a formula incorporating the parties’ incomes, the length of the marriage, and the standard of living established during the marriage. While this formula amount is typically applied, a different amount may be issued if the judge deems the formula amount to be unjust or inappropriate.
Determining Maintenance: Formula and Factors
Post-divorce, the court can mandate maintenance payments from one former spouse to another. The calculation of maintenance involves an income-based formula to identify a presumptive amount and duration. The system in place ensures that maintenance is not restricted to one gender; either spouse can pay or receive maintenance.
The duration of maintenance payments hinges on the length of the marriage. For marriages up to 15 years, maintenance payments continue for 15-30% of the marriage length. For marriages between 15 and 20 years, the duration of payments ranges from 30 to 40% of the marriage’s length. If the marriage extended beyond 20 years, maintenance payments persist for 35-50% of the marriage’s duration. This approach implies that a 30-year marriage may result in 15 years of monthly maintenance payments.
It’s important to note that maintenance payments conclude if the receiving spouse remarries or passes away.
The amount of maintenance takes into consideration whether child support is being paid and if the payor is the non-custodial parent. Depending on these factors, the formula could be 20% of the payor’s income minus 25% of the payee’s income, or 30% of the payor’s income minus 20% of the payee’s income. A low-income adjustment may also be applicable.
Expert Assistance from Our Brookhaven Spousal Support Lawyer
Navigating spousal support or maintenance during a divorce is a complex endeavor that can impact your financial future. It is vital to seek the guidance of an experienced attorney who understands the intricate nature of these issues and will zealously advocate for your financial wellbeing.
At the Law Office of Joshua Adam Kittenplan, we commit ourselves to provide personalized attention and expert legal advice to protect your interests and secure your financial future.
Get in Touch for a Confidential Consultation Today
When you’re facing challenging decisions regarding spousal support or maintenance in a New York divorce, it’s crucial to have an experienced legal ally by your side. Reach out to our Brookhaven spousal support lawyer today to discuss your needs, and let us guide you through this complex legal journey.