New York Attorneys - Spousal Support

When a divorce is in process, part of the determination of the court may be the amount of spousal support or maintenance that will be paid and for how long. In New York, this is based on a formula that determines what is considered to be equitable. Either partner can request support in any New York divorce.

The court will not necessarily award spousal support, even if the marriage was of a long duration. The determination to pay alimony is based, in part, on the following factors:

Duration of the marriage and the age and the health of both parties

The financial resources available to each person

The contributions of the individual during the marriage

The income and property of each individual

the present and future earning capacity of both parties;

the ability of each party to be or become self-supporting and, if applicable, the period of time and training necessary therefore;

the wasteful dissipation of marital property by either spouse; and

any transfer or encumbrance made in contemplation of a matrimonial action without fair consideration.

There are several types of support that can be negotiated and approved by the court. There is rehabilitative alimony, which will continue for a specific length of time while the ex-partner gets the necessary schooling or training in order to be able to support themselves. Temporary support can be awarded while the divorce proceedings are ongoing, and may become permanent after the divorce. Permanent alimony may be awarded after the divorce is final, and may continue until the individual remarries, or other circumstances make a change necessary. There are also cases in which a “lump sum” is awarded that is determined to be equitable by the court. These agreements can be negotiated and Weisman Law Group's New York attorneys will relentlessly fight for your best interests.

Innovative, Creative, Aggressive and Experienced Weisman Law Group, P.C. (516) 256-7737