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Westchester County Spousal Maintenance Lawyer

Call Our Westchester County Alimony & Spousal Support Attorneys - (914) 840-5104

Alimony payment The courts in New York do not use the word "Alimony" to describe spousal support. In divorce cases, the court refers to spousal support as "maintenance." In family court cases, it is actually referred to as "spousal support."

The difference between how spousal support is determined in the context of a divorce case as opposed to family court is very critical because the divorce laws in New York include a mathematical formula for determining how much spousal support will be paid while the divorce is pending. This is referred to as "temporary maintenance." This mathematical formula does not exist in family court spousal support cases.

Family law is complex, and the nuanced differences between the different courts' approaches can be daunting. Experienced attorneys from Proto, Sachs & Brown, LLP in Westchester County can assist in navigating these complexities, ensuring fair settlements that reflect the unique circumstances of each case.

Speak with an experienced Westchester County spousal maintenance lawyer today. Call (914) 840-5104 us or reach out online for your free consultation and take control of your next chapter.

What is Temporary Maintenance?

In order to address the complex, inconsistent, and unpredictable nature of determining a maintenance amount while a divorce is pending, the divorce court now has a numerical guideline law for calculating temporary maintenance awards. This guideline will generally be followed by the court unless the Court determines that temporary maintenance amount is unjust or inappropriate.

Temporary maintenance is designed to provide financial support during the divorce process and is crucial for the stability and security of the spouse receiving it. Determining the right amount requires careful consideration of both parties' financial situations. Experienced legal advice can be invaluable in this situation, helping to analyze income, expenses, and future needs to advocate for a fair arrangement.

How is the Final Maintenance Awarded in Divorce Court & Family Court?

There is no statutory change to the law in regard to post-divorce maintenance except for revising the statutory factors. This will reflect the life circumstances of the divorcing couple. Both the amount and duration of the final awards would be based on a list of factors, which are included below. These statutory factors also apply to family court spousal support cases.

Final maintenance awards are crafted to address long-term financial needs after the dissolution of a marriage. Legal professionals play a pivotal role in laying out a strategic approach to final maintenance negotiations, considering aspects such as lifestyle during the marriage, income potential, and any impact on career or earning ability due to the marriage. Properly managed negotiations can lead to sustainable financial outcomes.

When determining if maintenance/spousal support will be awarded, the Courts will review several factors, including, but not limited to, the following:

The Length of the Marriage: The duration can influence the support's amount and its duration.
The Conduct of the Parties During the Marriage: Factors such as these can impact spousal support outcomes.
Age & Health of the Parties: Significant health issues or age-related concerns are carefully considered.
Occupations of the Parties & Their Incomes: Employment status and earnings highlight financial dependencies.
Sources of Income: All revenue streams are reviewed to gauge financial standing.
Vocational Skills & Employability of the Spouses: Evaluates potential to earn post-divorce.
Assets & Debts of the Parties: A clear picture of financial liabilities and resources.
Any Special Needs of the Parties: Recognizes disabilities or unique personal circumstances.
The Opportunity of the Parties to Acquire Future Income & Assets: Future economic prospects are crucial.

What is the Duration of Spousal Maintenance in Westchester County?

New York’s advisory guidelines also suggest durations for post-divorce maintenance based on the length of the marriage:

0–15 years: Maintenance may last 15% to 30% of the length of the marriage
15–20 years: Maintenance may last 30% to 40%
20+ years: Maintenance may last 35% to 50%

These ranges are not mandatory, but they serve as a baseline. Judges will consider various circumstances, such as the dependent spouse’s ability to become self-sufficient and whether one spouse sacrificed career opportunities for the marriage. A Westchester County alimony attorney ensures your voice is heard during these critical determinations.

How to Modify or Terminate Spousal Support?

Spousal maintenance orders are not always permanent. Under New York law, support may be modified or terminated if there is a substantial change in circumstances, such as:

Loss of income
Serious illness or disability
Retirement
Remarriage or cohabitation of the recipient spouse

A Westchester County spousal maintenance lawyer can assist in filing or defending against modification motions. Judges do not grant changes lightly, so it's crucial to provide detailed evidence and legal arguments to support your position.

We Offer a Free Initial Legal Consultation for All Divorce Matters

As part of our commitment to providing excellent legal representation to all of our clients, whether they are new, existing, or returning clients, our Westchester County divorce lawyers provide free initial case consultations. Contact our law firm for more information about how our experienced White Plains divorce lawyers can help you with your divorce. We have office locations in White Plains and Cortlandt Manor for client convenience.

Choosing the right lawyer can make a significant difference in achieving a favorable outcome in your divorce or maintenance discussions. Our free initial consultation offers you an opportunity to discuss your unique situation with our team, understand the legal landscape, and develop a strategic approach to address your needs effectively.

Contact us online or by telephone at (914) 840-5104. Our spousal support attorneys are ready to support your case in Westchester County.

Frequently Asked Questions About Alimony in Westchester County

What Is the Difference Between Alimony and Spousal Support?

Although often used interchangeably, the terms "alimony" and "spousal support" carry slight distinctions important to understand in the context of legal proceedings. Alimony typically refers to the financial support awarded after divorce proceedings, while spousal support can occur both during and after a divorce. In New York, the legal term "maintenance" is preferred, encompassing both the temporary and final financial obligations determined by the court. Understanding these definitions is crucial for effectively advocating for your financial needs or responsibilities.

How Is Alimony Calculated in Westchester County?

In Westchester County, as throughout New York, alimony or maintenance is calculated using a statutory formula considering the incomes of both parties and various factors that assess both current and future needs. This includes the duration of the marriage, living standard, age, health, and earning capacity of both spouses. However, judges have discretion to adjust the formula-based outcome in pursuit of a fair and equitable resolution. The formula's flexibility makes legal representation vital, ensuring all relevant personal and financial details are presented carefully.

Can Alimony Awards Be Modified?

Yes, alimony awards can be modified in Westchester County if there is a significant change in circumstances for either party, such as changes in employment, financial standing, or unexpected life events. It's essential to seek legal advice when pursuing a modification, as the process requires formal legal procedures and compelling evidence to convince the court of the need for adjustment. Understanding local modifications helps manage long-term financial planning and stability.

What Should I Prepare Before Meeting with an Alimony Lawyer?

Before meeting with an alimony lawyer in Westchester County, it's useful to gather relevant financial documents such as tax returns, payslips, bank statements, and details of any debts or assets. Having a clear financial snapshot will help the lawyer assess your situation accurately and develop an effective legal strategy. Being prepared enhances the consultation's efficiency and helps the lawyer build a strong argument to meet your alimony goals.

How Long Do Alimony Payments Last?

The duration of alimony payments in Westchester County often depends on the length of the marriage, the receiving spouse's financial independence, and the court's discretion. Generally, shorter marriages result in shorter durations of payments and vice versa. However, factors like the age and health of the parties, contributions to the marriage by the non-earning spouse, and specialized career sacrifices can influence timelines. Legal advice is valuable as it helps navigate these complex factors effectively.

Whether you're seeking or challenging spousal maintenance, a knowledgeable lawyer can help you navigate your options. Call (914) 840-5104 now or contact us online to schedule your free legal consultation.

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