Alimony Lawyer White Plains NY
As part of the divorce process, there is normally considerable focus placed upon financial concerns by both parties, such as the equitable division and distribution of assets, child support and spousal support.
Financial issues such as these are negotiated, mediated, or litigated, and they vary in complexity and difficulty in each individual case. As such, it is strongly recommended you work with a highly skilled and experienced Westchester County spousal support attorney, to zealously protect and promote your interests in all aspects of your divorce proceedings.
Commonly referred to as alimony, spousal support is meant to address the financial disparity that may particularly affect one spouse, due to the reduction of financial support the divorce will cause. The purpose of this support is to help the receiving spouse eventually regain their own financial footing.
The determination of spousal support is calculated based upon New York State-issued statutory formulas, yet the court does have discretion in weighing individual case factors into its final decision.
There are, however, numerous factors that can be taken into account in spousal support and spousal maintenance decisions, allowing the court significant flexibility to vary those amounts and duration from the stated guidelines. Those variables depend upon the legal and circumstantial specifics of your individual case.
The determination of this financial support is more complicated than simply basing the decision upon which party has a higher income.
Some other factors that are considered in the awarding of spousal support can include:
- The age and health of each party
- Established standard of living during the marriage
- One spouse having sacrificed income or career opportunity to either support the other spouse’s career, education or business, and/or raise the couple’s children
- Each spouse’s present and future earnings ability
- Considerations regarding award of child support amounts
- Considerations surrounding the equitable division of assets in the divorce
When Can Alimony Payments Be Modified or Terminated in New York?
Court-ordered spousal support judgments can also be modified at some future point if there are substantial changes in circumstances that warrant an increase, decrease or even complete cessation of spousal support payments. Legal action for a spousal support modification may be brought by either party.
Among the substantial changes that qualify are:
- Loss of job or business
- Serious illness or injury preventing work
- Permanent or temporary disability
- Retirement
- If either spouse’s income has dropped or increased by at least 15% since the current spousal support order was issued by the court.
- Spousal support typically stops when the receiving spouse remarries
I offer my clients 24 years attorney experience in all aspects of New York Divorce and Family Law, including Spousal Support and Child Support, Equitable Division of Assets, and Divorce and Family Law Appeals.
If you’re contemplating divorce or have any other family law issue requiring knowledgeable and vigorous legal representation, I look forward to hearing from you soon.
You can contact my office by phone at 914 821 5200, or by submitting our online Contact Form.
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