During a divorce proceeding, it is common for one spouse to ask the court to assign him or her some support or maintenance that comes in the form of alimony. If you are financially weaker than your partner, it is within your rights to ask the court to make an order that will see you get some form of payment that will ensure that you maintain your standard of living at a level it was before the divorce.
Divorce proceedings are complex in nature and they become even more complicated when alimony is involved. Having an experienced Bronx alimony or maintenance lawyer by your side is highly advised because this professional will guide you through the whole legal process and ensure that you get the financial support that you deserve.
What is Alimony?
Following a divorce, the court may order the spouse who makes more money to pay some amount to the spouse who makes less money for the purposes of ensuring that both spouses continue enjoying the standard of living at a level it was prior to the divorce. This amount of money paid by one partner to the other is what is called an Alimony. As per the definition, alimony is gender neutral, meaning that any spouse can be ordered to pay it and it solely depends on the income level of the two partners.
In law, alimony is ordered by a judge after establishing who between the two spouses makes more than the other. If both spouses earn equal income, the court will not order any of them to pay maintenance or alimony to the other. If one of the spouses makes more than the other, the court will order an alimony to be paid to the spouse earning lesser income. For you to get what you deserve from the divorce proceedings, you will need to hire an experienced divorce attorney who I experienced in handling alimony or maintenance cases.
Post-divorce alimony and maintenance
Judges hearing divorce cases are often guided by the state laws in the jurisdictions where they operate. In New York, the state law has provided certain guidelines that can be used to calculate the amount to be paid out as post-divorce alimony or maintenance. Here are some of the factors that are considered when determining the payout amount:
• Length of the marriage
• Earning capacities of each spouse
• The ability of the party seeking alimony to become self-supporting and the duration it would take.
• Loss of income by the party seeking alimony as a result of supporting the other partner.
• Loss of health insurance as a result of divorce.
Once the judge has taken all the factors above into consideration, he or she will then set the alimony or maintenance at an amount that is just to both parties.
Time frame for post-divorce maintenance or alimony
When it comes to setting timeframes, the New York State law proposes that post-divorce maintenance be durational meaning that it will only be in effect for so long. In most cases, divorce alimony can either be durational or non-durational. In the event that the court orders for a durational alimony or maintenance, the court will be guided by the assumption that the spouse seeking alimony or maintenance will have become self-supporting by the lapse of the support awarded by the court.
How our attorneys can help
Our law firm has a reputation for having some of the Bronx alimony or maintenance lawyers. Our attorneys will be committed to ensuring that you get the desired outcome from your case. Contact us today for free consultation.