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Divorce is difficult and painful, but it can be endured. You can get through it. You can come out of your marriage with a settlement that is fair and that leaves you with some security. The most important first step is to retain legal counsel. You will need to deal with a great many issues of varying complexity. It is essential that you have the right legal guidance while doing so.
Preparation is the key to getting through a divorce with some success. Success can be defined as having enough money and other material assets to make a fresh start.
Marriages differ. They are shaped by the individual opinions and characters of those involved. In some marriages, both partners work and earn money separately. They may have individual bank accounts and a joint bank account from which they draw money for shared expenses. You and your spouse may have decided on a more traditional approach to the marriage. It may have been decided that you would not work and that they would, making them the only earner in the home.
Now that you are divorcing you find yourself vulnerable. You are without a job and without the means to support yourself immediately. New York State law has a mechanism to give relief to someone in your position. As soon as divorce has been initiated you will be able to file a motion for temporary maintenance. If you are in the situation described above, the judge is more likely than not to decide in your favor. Your spouse will be required to pay 30% of their revenue if a high earner and 20% if a low earner.
The temporary maintenance order will be in effect only through the divorce proceeding. Once the latter has come to an end, you must have a longer-term alimony agreement in place in order to continue receiving money. It is on this particular issue that your lawyer will be of most help to you.
The judge considers a variety of factors when deciding what the amount and duration of any permanent maintenance order. Everything from the amount of time the two of you have been married to your capacity to become a breadwinner all on your own will be considered. If you have been out of the workforce for a long time, it should be highlighted. Your lawyer will know how to do this. Lawyers who are specialized in handling alimony hearings will be able to gather the relevant facts and expert testimony to demonstrate the difficulty of going from someone who has little or no experience in any area of work to someone who must get by completely on their own.
Pressing your partner for a generous maintenance allowance is not about greed. If it was the case that you both decided that you would stay home and care for the house and children while they went to work, then it is only right that you not be forced to live in poverty and degradation because of a breakdown in the relationship. You held up your end of the bargain, and you should not be punished for that.
A good lawyer will know how to present that sentiment and logic to the presiding judge, so that they see the matter from your perspective and rule in a way that is favorable to your position. That is why it is so important to get an experienced lawyer on your side. It is the way of ensuring your future.