Long Island NY Maintenance Lawyers
Maintenance & Alimony
Are you currently involved in divorce proceedings and have questions concerning your spousal support? Have you had trouble receiving your awarded maintenance? Are you currently paying or receiving maintenance and wish to modify your schedule? If so, we highly recommend contacting our firm at your earliest convenience. The Law Offices of Paul A. Boronow, PC has over a decade of experience helping divorcing and recently divorced couples establish maintenance plans that are fair and effective for both sides. For more information on maintenance in New York or to schedule a consultation, contact us at (516) 227-5353.
What is Maintenance in NY?
In New York, alimony or spousal support is known as maintenance. It is a stabilizer of sorts, one that allows each spouse to leave without significant economic fallout. Obviously, this all depends on the individual incomes of the two people involved as well as their standard of living. As a general rule, whoever is considered the highest earner in the household will be the one providing the maintenance.
At its most basic level, maintenance is a way for one spouse to help "maintain" the overall standard of living of the other, following a finalized divorce.
What Are The Types of Maintenance?
In the state of New York, courts recognize two different types of maintenance:
- Temporary Maintenance – as the term suggests, this type of maintenance is finite, lasting until the divorce is complete. The individual with the least amount of income is designated the recipient.
- Post-Divorce Maintenance – this maintenance is awarded following the divorce and is designated for a specific period of time. As with temporary maintenance, whoever earns the least amount in the household will be considered the recipient.
How Is Maintenance Determined in New York?
When determining maintenance, the courts take a number of factors into account. As a result, it is incredibly difficult to give a one-size-fits-all estimation of what an individual may receive or have to pay. Below are just some of the elements that will play into the final decision:
Temporary maintenance, also called pendente lite, is awarded through a designated formula. This formula accounts for the entire income of the payee, while the income of the payor is calculated to a specific statutory cap. Additionally, courts will look at these details, and many more, when making a final ruling:
- Standard of living during the marriage
- General health of both individuals
- The couple’s age
- The earning capacity of both parties
- Any education or training currently being pursued by either party
In years past, the courts used maintenance as a way to preserve a standard of living that the couple had grown accustomed to. However, today’s courts award based upon the needs of the situation and the recipients ability to become self-sufficient. Like temporary maintenance, courts weigh out a number of elements when determining post-divorce maintenance:
- Length of the marriage
- Overall health of both parties
- Present and future earning capacity of both parties
- The presence of children within either home
- Tax consequences facing either party
Call our Long Island Maintenance Lawyers Today
At the Law Offices of Paul A. Boronow, PC, our Nassau County divorce attorneys are fully versed in all manner of family law and divorce action. Call today to schedule an appointment (516) 227-5353.
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More questions about Maintenance & Alimony?
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