Alimony / Spousal Support / Maintenance Attorneys Nassau & Suffolk Counties

Exceptional Representation When You Need it Most

Spousal Maintenance, formerly known as alimony, is a legal obligation for one spouse to provide financial support to the other after a divorce or, on a temporary basis, during the divorce process. Its purpose is to ensure, to the extent possible, that the lower-earning or non-earning spouse can maintain a reasonable living standard following the marriage’s end or during the divorce proceedings. In many cases, maintenance is essential for helping individuals transition to financial independence after a divorce.

Spousal Support: Your Advocate for Fair Resolution

At Joseph Law Group, P.C. we understand how critical spousal support can be to your financial future. Our spousal support attorneys in Nassau County are committed to providing personalized and strategic legal representation to help clients with difficult maintenance issues. We advocate for your best interests, whether you seek spousal support or are concerned about your maintenance obligations.

Factors Influencing Spousal Maintenance

New York uses a statutory formula as a guideline for determining the amount of maintenance. Under the formula, the terms of the support payments are based on the parties’ income and the amount of time the parties were married. Regardless of the outcome of the formula, other factors may be considered when determining whether spousal maintenance will be granted and if so, how much will be awarded and for how long. The court evaluates each case individually, considering such additional factors as:

The length of the marriage
The income and earning potential of each spouse
The age and health of the parties
Contributions to the marriage, including homemaking and child-rearing
The standard of living established during the marriage

In maintenance cases, full financial disclosure from both parties is critical. Accurate information about income, expenses, both current and historic, and assets allows the court to make a fair decision.

Calculating Maintenance in New York

New York has specific guidelines that help determine the amount and duration of spousal maintenance. While the court has some discretion, particularly at higher levels of income, these guidelines provide a framework for calculating fair maintenance payments based on the income of both spouses and the duration of the marriage.

Temporary: This can be awarded during the divorce process to provide immediate support to the lower-earning spouse.
Post-Divorce: This is typically awarded for a set period following the divorce, helping the supported spouse become financially independent.
Permanent: Rare in New York, permanent maintenance may be awarded, for example, in cases involving long-term marriages where one spouse cannot become self-supporting.

Accurate documentation of income, assets, and expenses is essential to ensure that calculations are fair and equitable.

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Modifications and Termination of Maintenance

Spousal maintenance orders can be modified or terminated under certain circumstances. If the financial situation of either spouse changes significantly, or if the recipient spouse remarries or cohabitates with another person, the court may have the power to modify or terminate the existing agreement.

Common grounds for modifications include:

A significant change in either spouse’s income or financial status
Loss of employment
Serious illness or disability
Remarriage or cohabitation of the supported spouse

The legal process for modifications requires filing an application with the appropriate court and providing evidence of the changed circumstances.

Enforcement of Orders

When one spouse fails to comply with court-ordered maintenance payments, legal action may be required to enforce the order. New York offers several enforcement mechanisms, including wage garnishment, bank account levies, and even contempt of court actions, which can result in fines and/or jail time.

Consequences of non-payment can include:

Wage garnishment or withholding
Seizure of assets or tax refunds
Suspension of professional or driver’s licenses
In extreme cases, jail time

Maintaining accurate records of all payments and communications is important for both parties. This documentation can be used as evidence in court if enforcement actions become necessary.

Legal Counsel for Support Issues: Joseph Law Group, P.C. in Nassau & Suffolk Counties

Spousal maintenance can be a critical issue in divorce proceedings, with long-term financial implications for both parties. Consulting with an experienced family law attorney is essential for ensuring your rights are protected and the arrangement is fair and legally enforceable.

At Joseph Law Group, P.C, our team of divorce attorneys and support staff offer comprehensive legal support to individuals dealing with spousal maintenance issues. Whether you need help establishing, modifying, or enforcing an order, our alimony & spousal support attorneys in Nassau County are here to provide the necessary guidance and advocacy to pursue a fair and lasting resolution.