Experienced Attorneys for New York State Alimony Issues
Spousal maintenance or alimony is anything but automatic under New York matrimonial law. When the marriage didn't last very long, or both divorcing spouses are established in careers, it's unlikely that the court will order one spouse to pay the other anything for alimony. As a general rule, only people who have been married for decades will have a strong claim to long-term spousal maintenance payments.
Nevertheless, every situation is different, and there's no fixed formula that will tell you whether and how much alimony will be required in a case that presents distinctive circumstances. If you need dependable advice about spousal maintenance in your divorce, contact Romeo & Schmitt, P.C., in Rochester today.
New York Supreme courts will often award spousal maintenance in divorce cases for marriages that lasted 25 years or longer, a rough rule of thumb is that payments will last for a period equal to one third of the length of the marriage — for example, 10 years of support for a 30-year marriage. If there's no real basis for awarding spousal maintenance on a showing of need in a marriage of shorter duration, however, it's not likely that a court will order it.
Spousal maintenance is usually negotiated together with property division issues. If your marriage lasted less than 15 years, and the facts show that the financially weaker spouse has a specific need for support while finishing a degree or reentering the workforce, then temporary maintenance might be ordered for two or three years. The tax implications of the maintenance payments should be taken into account, and you should expect your lawyer to advise you how tax attributes can affect the practical value of the support and property division proposals under consideration.
Call 866-721-5655 or 585-232-1770 for Advice About Spousal Maintenance
At Romeo & Schmitt, our experience with spousal maintenance issues for clients in a wide variety of circumstances can help you understand your options whether you'll be making the payments or collecting them. For additional information about the legal and practical dimensions of your case, contact us in Rochester.
