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Representation for Spousal Support Matters in Manhattan
When legally married, both men and women have an obligation to support each other, even after the dissolution of the marriage. There are two main terms used to describe such support: spousal support and spousal maintenance (alimony). Although these terms share similarities, they have distinct differences.
Spousal support refers to the support given through payments from one spouse to the other while they are still married. This type of support is typically set for a duration that aligns with the length of the marriage.
Spousal maintenance comes into effect after the divorce is finalized, where one ex-spouse makes payments to the other. It may be advisable to pursue alimony or support or request a modification of existing terms.
Contact Hedayati Law Group P.C. to explore your support and maintenance options in Manhattan.
Determining the Amount of Spousal Support or Maintenance
When determining the financial contribution from one spouse or ex-spouse to the other, the Court considers various factors such as housing expenses, clothing expenses, medical expenses, educational expenses, and more. The duration of spousal maintenance payments may depend on the length and quality of the marriage, as well as the health of each individual. In most cases, spousal maintenance concludes if the recipient remarries or begins cohabitating with another person.
Visit the New York State Unified Court System website to calculate the potential amount of maintenance you may be entitled to using the New York Spousal Support Calculator.
Does Adultery Impact Alimony in New York?
Although adultery is considered a marital fault in New York, it is not the primary factor when calculating alimony payments. A judge will not award alimony based solely on infidelity. Instead, the judge will evaluate whether there were egregious behaviors. Adultery alone is not considered egregious enough to meet that criteria.
How Long Does Spousal Maintenance Last?
The duration of spousal maintenance varies depending on multiple factors. If you and your spouse cannot reach an agreement, the judge will typically assess your circumstances and determine the duration of the maintenance. It can be temporary, or the judge may not specify a time period, in which case maintenance may be required until death or remarriage.
Generally, couples in longer marriages and those with significant income disparities are more likely to be ordered maintenance. If you are dissatisfied with your maintenance order, we can assist you in pursuing a modification.
How Long Do You Have to Be Married to Get Alimony in NY?
In New York, alimony can be non-durational or durational, depending on the circumstances of your divorce. Non-durational spousal support is permanent until the recipient lives with another partner as a spouse, remarries, or passes away. Durational support is typically determined by the length of the marriage, and there is no minimum marriage duration required to receive support.
Family Lawyers Committed to Safeguarding Your Financial Interests
The issue of spousal support and maintenance is a significant concern in any separation or divorce case. You will undoubtedly need the assistance of an experienced Long Island spousal support attorney from our firm to review the specifics of your divorce and clarify what you are entitled to and for how long. Let us support you!
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