Maintenance
The decision to divorce is often difficult but necessary for many individuals who find themselves needing freedom from a spouse. The process that follows the decision to divorce can be confusing and questions arise, especially when it comes to the financial aspects of obtaining a divorce. Most commonly, individuals want to know about child support and spousal support or alimony, known as maintenance in New York. It cannot be overstated how important it is to hire an experienced lawyer who is well-versed in matrimonial law in New York state to make sure your interests are protected throughout the proceedings. Unfortunately, financial considerations and fears of one’s livelihood are what keep some individuals in damaging marriages from seeking a divorce that could open the door to a better life. Together with an attorney, you can explore the financial side of divorce and better understand how maintenance would play out in your personal situation.
When it comes to the topic of maintenance, there are many factors that determine the terms of your arrangement
The court will take the occupations of both parties and income both present and future, into consideration. A court will also look at the debts and assets that were accrued throughout the marriage. Separately held assets and properties will be examined and will help set the amount of maintenance one individual gives the others. The duration of the marriage is a critical factor as well.
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In the last six years, the state has developed a formula to determine how much maintenance should be paid as well as the length of time it will be paid. With that said, the court can adjust depending on the details of the case. The higher earning partner typically wants to know how long they can expect to pay maintenance. It depends. The judge may set a predetermined time for one party to make payments to another. Life circumstances are known to change the terms of an agreement. For example, if the party receiving support remarries or moves in with a new partner, they run the risk of losing this type of support.
The decision to move forward with a divorce is emotionally and psychologically draining. Hiring a reputable lawyer to handle the legal aspect of your situation is one of the best decisions, one that will allow you to focus on rebuilding your life after divorce.
There are no two spousal support arrangements alike
Each situation has a unique set of facts and challenges, all which the court will consider. For this reason alone, hiring an attorney to represent you and help you navigate these nuances in the law is absolutely critical to your success. An individual with no legal education or background is bound to make mistakes. For example, if a court orders the higher earning spouse to pay too much, resulting in their assets seized and other life-changing consequences. Hiring a lawyer becomes even more necessary if you share children with your partner, in which case questions of child custody and child support come into question. If you have been the victim of domestic abuse in your marriage, an experienced lawyer will know how to present your case fairly and accurately.
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Spousal support/maintenance cases become complicated quickly. There is a lot on the line financially for all parties as financial security is one of the greatest concerns of anyone seeking a divorce. Regardless of which side you are on – seeking spousal support or in the position to make payments, Stacey Pennetti can represent you and your best interests in family court and ensure the resolution you desire. With empathy and strong negotiation skills, she will fight for your rights and help you maintain your lifestyle.