Wise Counsel For Spousal Support Matters
Determining an appropriate spousal support award can be a complex process, particularly when a spouse owns a business or is unemployed. At Bryant & Bleier, we focus on making the divorce process as clear, efficient, and advantageous as possible. Our attorneys provide thoughtful, strategic advice designed around the specific facts of your case.
Factors In Spousal Maintenance Determination
Under New York family law, factors that the court uses to determine spousal maintenance include:
(a) the age and health of the parties;
(b) the present or future earning capacity of the parties, including a history of limited participation in the workforce;
(c) the need of one party to incur education or training expenses;
(d) the termination of a child support award before the termination of the maintenance award when the calculation of maintenance was based upon child support being awarded which resulted in a maintenance award lower than it would have been had child support not been awarded;
(e) the wasteful dissipation of marital property, including transfers or encumbrances made in contemplation of a matrimonial action without fair consideration;
(f) the existence and duration of a pre-marital joint household or a pre-divorce separate household;
(g) acts by one party against another that have inhibited or continue to inhibit a party’s earning capacity or ability to obtain meaningful employment. Such acts include but are not limited to acts of domestic violence;
(h) the availability and cost of medical insurance for the parties;
(i) the care of children or stepchildren, disabled adult children or stepchildren, elderly parents or in-laws provided during the marriage that inhibits a party’s earning capacity;
(j) the tax consequences to each party;
(k) the standard of living of the parties established during the marriage;
(l) the reduced or lost earning capacity of the payee as a result of having forgone or delayed education, training, employment or career opportunities during the marriage;
(m) the equitable distribution of marital property and the income or imputed income on the assets so distributed;
(n) the contributions and services of the payee as a spouse, parent, wage earner and homemaker and to the career or career potential of the other party; and
(o) any other factor which the court shall expressly find to be just and proper.
Our attorneys apply the particular facts of your specific circumstances based on the law and our extensive experience to determine what a court would likely award in your divorce action. This knowledge provides you with the ability to make informed decisions and move towards successful negotiation or, if necessary, litigation.
Temporary Measures
Depending on your particular circumstances, an award of temporary or final maintenance may be appropriate. This may be paid voluntarily or it may require a Court Order. The above factors provide a general guide as to when pendente lite maintenance is appropriate.
Contact Us Today
Alimony does not need to be a scary issue in your divorce. Our skilled family law attorneys face the challenges of a complicated head-on, using their experience and skill to give your family an advantage. Schedule an initial consultation at Bryant & Bleier, LLP, by calling 646-561-9227 or contacting us online to find out more.