NYC Spousal Maintenance Lawyer

Spousal Maintenance During and After Divorce

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Divorce introduces a major shift in circumstances financially and emotionally. Spousal maintenance is one of the issues that will be determined during the course of your divorce. Retaining Avvo® Superb Rated NYC firm of H. Benjamin Perez & Associates, P.C., will ensure you receive the benefit of over 27 years of experience in family law and divorce legal matters.

How Maintenance is Calculated in NYC

New York is an equitable distribution state. During a divorce, the court will use a point system to determine what, if any, spousal maintenance will be awarded. There is a difference between spousal support and spousal maintenance, which may impact the amount granted during a divorce. Spousal support is support provided during a marriage. If a spouse is not properly contributing to spousal support, a court order can be obtained directing the payment of an amount to the dependent spouse. Spousal maintenance is the term used to describe the monetary award for support after the divorce. The court may consider the support order when determining the issue of spousal maintenance. Generally the court will use a guideline composed of twenty items to determine spousal support.

Some of the issues considered are:

  • The income and property of each spouse and the share of the assets after the divorce;
  • The age and health of the dependent spouse;
  • The length of the marriage;
  • Whether any re-training will be necessary for the dependent spouse to become employable;
  • Any actions taken against the dependent spouse which hinder the ability to earn adequate income;
  • Whether the dependent spouse is the primary care giver of the minor children, step children, elderly parents or adult children with disabilities, thus reducing the ability to earn income.

Once the determination is made, the court can order that the maintenance last a lifetime or for a set number of years. Any existing spousal support order will be cancelled by a spousal maintenance order.

We offer an initial consultation to assist you with the decisions you need to make and to gain understanding of state law regarding support. Contact us to set up an appointment. We are fluent in Spanish and English and offer payment plans to help with budgeting.