Rockland County Alimony Attorney
Spousal Maintenance Attorney in Rockland County
Spousal maintenance is the obligation of the financially independent to support the dependent spouse after a divorce. Also known as alimony, spousal maintenance is often a deeply contested issue. A contested divorce based on spousal maintenance regularly stems from a difference of opinion on what one deserves and the other should pay. Because spouses often play different roles in the family, spousal maintenance is a complex matter to resolve. Simply put, spousal maintenance functions to support a dependent spouse in their pursuit of financial stability. In order to determine an equitable amount and duration of the support obligation, there are many factors for the court to consider. If you are facing divorce and one of the contested issues is alimony, contact The Law Office of Peter L. Jameson, PLLC.
Determining spousal maintenance in New York State
If alimony cannot be agreed to outside of court, New York courts will be left to determine and fair and just spousal support obligation. The formula to determine spousal maintenance is based on the cap of $175,000. Above that amount is decided at the discretion of the court. Generally speaking, the duration of the support depends greatly on the length of the marriage.
- Up to 15 years: maintenance could be awarded between 15 to 30% of the years married
- 16 to 20 years: maintenance could be awarded between 30 to 50% of the years married
- 20 years or more: maintenance could be awarded between 35 to 50% of the years married
Other factors that impact spousal maintenance
Not all matters can be decided by a formula. Judges will consider many factors that can impact a decision, including:
- Child support obligations
- Child custody arrangements
- Age of the parties
- Health of the parties
- Earning capacity
- Income and property
- The need for education or training of the dependent spouse
- Deferred life goals of the dependent spouse
- Tax consequences
- Caring for family members
Determining spousal maintenance is a complex matter. In tandem with the formula, a court will consider these factors and others it considers appropriate.
Marital and economic fault
It is important to know, New York is a no-fault divorce state. Though either party can cite fault grounds for the divorce, these grounds rarely impact the spousal maintenance decision. For example, if the dependent spouse cheated on the other, the independent party may still be obligated to support him or her. Economic fault is another story. If a spouse was to purposefully act against the finances of the family to impact alimony or wastefully dissipate assets, it could be used in the decision. For example, if the independent spouse was to quit a job to avoid paying alimony, the court could rule against him or her, using pay history to determine what the other deserves.
Contact an experienced Rockland County divorce and alimony attorney
The Law Office of Peter L. Jameson, PLLC is an experienced and effective divorce law firm located in New City, New York. Our firm recognizes the impact spousal maintenance has on our clients and we work diligently for their future. When you are facing divorce, your choice of an attorney is an important one. If you need a forthright and tenacious attorney to protect your rights, contact The Law Office of Peter L. Jameson, PLLC.