White Plains Spousal Maintenance Attorney
Negotiating and litigating fair divorce settlements for nearly 20 years
Ending a marriage is rarely a pleasant or stress-free experience. However, with a tenacious advocate on your side advocating for your best interests, the process becomes much more manageable, both financially and emotionally. At the Law Office of Karen Jansen, each client is a priority and receives one-on-one legal advice and representation. Whether you are seeking rightful compensation or need assistance protecting yourself from unreasonable and impossible payment obligations, White Plains divorce attorney Karen Jansen has the experience and history of case success you need to achieve favorable results.
What is spousal maintenance?
After a divorce, the court recognizes that both party’s financial status is likely to be significantly impacted in some way or another. In many cases, the court may order the more financially stable spouse to pay the other spouse spousal maintenance or alimony. The three types of spousal support in New York are:
- Non-durational – payments made over a period of time indefinitely, without a fixed end date
- Durational – payments made for a fixed period of time as determined by the Court
- Temporary – payments made for a limited period of time, typically the duration of the contested divorce proceedings
The purpose of spousal maintenance is to assist the spouse with fewer economic resources maintain their current standard of living while establishing their own financial stability. The duration of the award usually reflects the length of time the Court believes is necessary for the spouse receiving payments to establish their own financial support.
The Court considers numerous factors when determining the applicability, duration and amount of spousal maintenance
The basis for determining if an individual is entitled to receive alimony begins with a determination of each party’s annual income and other assets such as retirement eligibility and benefits. The Court then determines the duration of spousal maintenance based on how long the parties were married. However, there are several factors that the Court may consider to adjust the amount or duration of maintenance. These factors include, but are not limited to:
- The age and health of the parties
- Each parties present and future earning capacity
- The standard of living established during the marriage
- Whether one party needs additional education or training to restore earning capacity that was delayed or forgone during the marriage
- Contributions and services provided as homemaker, wage earner or spouse that contributed to the career or career potential of the other party
- Potential tax implications for each party
- The income or imputed income from assets distributed as marital property
- One party’s wasteful or fraudulent transfers, encumbrances or dissipations of marital property made in anticipation of the pending divorce
- Any other factor which the Court deems just and proper
Determinations regarding spousal maintenance require an in-depth analysis of each party’s financial status regardless of whether they are a stay-at-home parent or a well-compensated business person.
Contact a reputable White Plains spousal maintenance attorney for zealous legal representation
If you have questions about how spousal maintenance may figure into your divorce, call the Law Office of Karen Jansen at 914-821-5200 for a free initial consultation or send an email. Attorney Karen Jansen represents clients in White Plains, Scarsdale, Harrison, Greenburgh, North Castle, Eastchester, Bronxville, Rye and Mamaroneck.