New York Attorneys Assist Divorcing Spouses with Maintenance Disputes
Garden City law firm enabling clients to establish fair alimony terms
New York law allows divorcing spouses to receive financial maintenance both while a divorce is pending and after the marriage has been dissolved. Though no longer referred to as alimony, temporary and permanent maintenance awards continue to cause tremendous friction in many breakups. At Moran & Brodrick, we have been representing clients in spousal support disputes for more than 40 years. Through several changes in the law, our diligent advocacy has helped husbands and wives obtain fair resolutions that allow them to emerge from divorce successfully.
Representing spouses in disputes over post-divorce maintenance
Most post-divorce maintenance awards are durational, running for a set period until each spouse is presumed to be able to support themselves. In a case where one spouse is deemed incapable of doing so, whether due to age or physical condition, nondurational, or lifetime, maintenance can be awarded. In addition to age and health, factors considered by the court when determining post-divorce maintenance include:
- Duration of the marriage — Marriages lasting 15 years or fewer will result in a maintenance term ranging between 15 and 30 percent of the marriage’s length. The longer the union, the larger the relative percentage of the potential maintenance term.
- Present and future earning capacity — A stay-at-home parent might have sacrificed their ability to support the lifestyle they’ve become accustomed to. Payments might be ordered to alleviate this situation.
- Anticipated retirement assets — Courts now evaluate the access that each ex-spouse will have to retirement funds to promote fairness over the long term.
At Moran & Brodrick, we understand that each divorce is unique, which is why we take the time to learn about your marriage situation so that we can highlight the factors most relevant to your case.
Handling temporary support arrangements while a divorce is pending
While a divorce is pending, New York follows a temporary maintenance formula for annual income up to $175,000. Unlike the detailed analysis that goes into permanent maintenance orders, temporary payments are determined only by the incomes of the paying and supported spouses until the cap is reached. For income exceeding $175,000, 13 factors are evaluated in the same manner as permanent maintenance. Though this calculation seems straightforward, it is very easy to misstate income. Moran & Brodrick can evaluate your spousal income information to make sure that nothing is missed and provide strong advocacy if other factors come into play.
Contact a Long Island divorce lawyer for assistance with spousal maintenance issues
From our office in Garden City, New York, Moran & Brodrick represents clients in spousal maintenance disputes and other divorce and family matters. We assist people throughout the New York metropolitan area and are also available by appointment on weekends and evenings. Call 516-253-4548 or contact us online to schedule a meeting.