Westchester County Spousal Maintenance Attorney
Spousal maintenance, commonly referred in the past as Alimony, may be awarded in a matrimonial action to a spouse in order to allow a non-working spouse to re-enter the workforce, or to support a spouse who may be unable to work to support her or himself. The maintenance award is grounded on a number of factors, which include the spouse’s ability to earn, the length of the marriage, the age and health of the spouse needing support. These negotiations and discussions can be complex and rife with emotion. Having a skilled New York alimony and spousal support attorney on your side is a necessity.
At The Law Office of Marcia E. Kusnetz, P.C. , we have helped hundreds of clients through the process of divorce and determination of appropriate spousal maintenance. In New York, spousal maintenance can be granted on an interim basis, and/or post-judgment.
- Interim maintenance: Also called temporary maintenance, is support paid from one spouse to another by agreement or order of the court throughout the duration of the divorce proceeding.
- Post-judgment maintenance: Also called spousal support or alimony, this form of support is paid from one spouse to the other after a divorce proceeding is final. Maintenance is rehabilitative, meaning that it is designed to help the less financially independent party to complete their education or engage in job training in order to allow him or her to earn an independent living, for a specified amount of time. Maintenance may also be awarded to the spouse based upon an inability to earn due to age and/or health. Maintenance may be deemed taxable to the recipient, and a tax deduction to the spouse paying maintenance.
The court examines a number of factors to determine if one spouse is eligible to receive maintenance — for how long, and how much. Some of the factors include:
- Length of marriage
- Age of parties
- Income of both parties / ability to learn
- Equitable distribution of assets or independent wealth
- Tax consequences to each party following a divorce
Do not hesitate to contact a lawyer at our office with questions about spousal maintenance.
For your reference and information, a New York State Temporary Maintenance Guidelines worksheet can be found at this link . The Temporary Maintenance Guidelines calculator can be found at this link .
Contact Our Law Firm
Schedule a consultation by e-mail at marcia@marciakusnetzlaw.com and your inquiry will be promptly answered.
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