Spousal maintenance represents a set monitary amount that is paid by a husband or a wife to their former spouse following a divorce.
Establishing Alimony In Buffalo, NY
In New York, "maintenance" is the amount of money that one spouse may be required to pay another spouse during a divorce and/or after a divorce has been finalized. In some states, maintenance is also known as
spousal support or alimony, but regardless of the name, the purpose of maintenance is to ensure that the spouse who earns less is able to retain a lifestyle similar to what the couple enjoyed while being married.
Spousal support is not always awarded just to one individual and can last for a short or long period of time. A Buffalo divorce attorney from my firm can help you determine what your specific situation may look like. At The Law Offices of
Smith & Messina,we stand ready to provide outstanding assistance to clients and help them ensure that they receive what they need from their maintenance orders.
Who Can Receive Spousal Maintenance In New York?
While every case is different and unique to the individuals involved, most maintenance orders are required to be paid to a lesser-earning spouse in a divorce. For example, if one spouse stayed home for 20 years to raise children, sacrificing their career, the higher income earner may be required to pay a portion of their salary to the stay-at-home spouse until she or he can become financially independent. Some of the factors that are taken into consideration include:
The ability of each spouse to earn an income.
The age and health of the parties
Financial resources of the parties.
Tax Consequences of the parties
Length of the marriage.
In cases that involve children, custody and child support payments may also come into consideration when determining maintenance. In cases that involve children, custody of children may come into consideration and payment of maintenance can affect child support. With so many factors potentially affecting the outcome of your maintenance order, it is important that you contact The Law Offices of Smith & Messina.
How Long Is Spousal Maintenance Paid?
The duration of maintenance depends on a variety of factors. There are no set rules, and judges usually have broad discretion when it comes to awarding maintenance. In general, the longer the marriage, the greater likelihood of a longer maintenance plan.
When an ex-spouse remarries or dies, then maintenance will end.
Reach A Fair Spousal Support Arrangement
Money is a sensitive topic in divorce, and one spouse may feel that they are being treated unfairly if they are ordered to pay spousal support. To ensure that your rights are protected, it is important that you contact The Law Offices of Smith & Messina right away. At my firm, I look into the specific family dynamics of each case and make sure that my clients are able to receive amicable resolutions to their cases.
We take all unique factors into consideration and establish an effective
game plan to help you reach your legal goals. If
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Offices of Smith & Messina right away. Complete
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