Spousal Maintenance And Your Rights

The term alimony is no longer used in New York family courts, but the term is still a major part of our society's vocabulary when the time comes to discuss issues such as spousal support and maintenance. The word often inspires images of spouses receiving large sums of money while living a life of luxury. In reality, that is not typical.

This begs the question: What is spousal maintenance and how can it affect your life during and after your divorce?

At the law firm of Hobika Law Firm, we can counsel you on all of your rights and make sure that your quality of life is not drastically impacted as a result of your divorce. Our lawyers take a holistic approach, using the broader context of the divorce and property settlement to find a spousal maintenance solution that falls within your needs.

Temporary Spousal Maintenance

In 2012, the state of New York enacted guidelines for determining the amount of support, if any, that each spouse is entitled to during the course of a divorce. The formula takes into account factors such as each spouse's income and can usually be used to efficiently reach an arrangement that is fair to both parties and meets their needs through the divorce.

Spousal Support

This consists of payments from one spouse to the other that can last for a few months or be permanent. When people think of alimony, they are often thinking about permanent spousal support.

The purpose of spousal support is ensuring that a lower-earning spouse or a spouse with limited or no work history has the financial means to make it post-divorce and become self-sufficient.

Factors used to determine whether spousal support will be granted include the length of the marriage and each spouse's earning capacity.

We Are Here For You

It can be very difficult emotionally to deal with the issues of spousal maintenance and spousal support, both for the spouse being asked to pay and the spouse receiving. You can rely on our team to guide you through the process, answers all of your questions and provide you with peace of mind as we find a solution that works best for you.

Contact us today at our Utica office to schedule your initial consultation with an attorney.