Spousal Maintenance
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Representing New York clients facing contested cases based on alimony

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Spousal maintenance can be a major factor in a divorce case. Some people find themselves engaged in litigation based on the one issue. Spousal maintenance is also known as alimony. Simply, it is the obligation of one spouse to support the other when a marriage ends. The purpose is to help the paid spouse become financially independent as soon as possible. In many contested maintenance cases, one spouse believes that they have worked harder for the financial success of the family and shouldn’t be responsible to pay the other so much money. The other spouse may believe that they have worked equally as hard in the home and deferred life goals to support the success of the family and should reap the benefits and maintain their quality of life. If they cannot agree to terms outside of court, they will most likely have to allow a judge to decide on the matter. When New York clients face a contested divorce case based on spousal maintenance, they have a lot to consider and need an experienced attorney. If you need high-quality legal services from an effective legal team, contact Penichet & Alberga LLP for a consultation.

Determining spousal maintenance

When determining spousal maintenance, the court will follow the guideline formula that calculates the basis of the reward. Spousal maintenance is further complicated when courts consider the many other factors that impact the case. Some of the more important factors include:

  • Income and property: New York courts will examine the income and property of the spouses, including marital property distributed in the Judgment of Divorce.
  • Length of the marriage: An important factor courts will consider is the length of the marriage. The greater the marriage, the greater the reward, especially if one spouse was to defer life goals in support of the home.
  • Age and health: Award can be affected by the poor health or advanced age of one of the spouses.
  • Earning capacity: The court will consider the present and future earning potential of both parties.
  • The need for education or training: Some maintenance obligations can be limited to supporting a dependent spouse through needed education and training.
  • Deferred life goals: If one spouse didn’t finish school or take opportunities to better their earning capacity, this will affect the result of spousal maintenance. In addition if this spouse cannot find meaningful employment because of deferred goals, courts will take this into consideration as well.
  • Tax consequences: Courts will consider the tax implications to each party.
  • Caring for family members: Courts will take into consideration where the children live more of the time and the obligation to care for family members other than children. If taking care of family members inhibits a person’s earning capacity, the court will consider this an important factor.

In addition, courts will consider factors, including any acts that inhibited the other party’s earning capacity, the ability for the other spouse to become independent, exceptional additional expenses, wasteful dissipation, transfer, or encumbrance of marital property in anticipation for divorce, loss of health insurance benefits, and anything else the court finds relevant.


Contact a Westchester County law firm experienced with maintenance matters

Spousal maintenance can be a major factor in divorce. When an otherwise uncontested divorce is held back by differing opinions on how alimony should function, you need an experienced and effective attorney to guide you through your legal matter. Penichet & Alberga LLP has over 100 years of combined experience guiding clients through spousal maintenance matters and effectively representing their interests. If you need a law firm widely known for their successes across Westchester County and New York, you should call us at 914-806-6675 or contact us by email to arrange a consultation.