NYC Spousal Maintenance Lawyer
Spousal Maintenance During and After Divorce
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 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 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
- 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.