New York City Spousal Support Attorney
A divorce ends not only an emotional relationship but also a financial one. There are many financial decisions that divorcing or separating couples must make, often while tensions are running high. One of the most disputed financial decisions at this time is that of spousal support, or when one spouse is ordered to become the payor and financially support the other, either temporarily or permanently.
Because divorce is a series of important decisions that may affect your financial and emotional well-being long-term, it will be helpful to have an experienced New York spousal support lawyer in your corner. At The Law Office of Ryan Besinque, skilled divorce attorney Ryan Besinque and his team of family law attorneys are dedicated to helping individuals navigate the often confusing terrain of divorce to ensure their financial and emotional safety on the other side. If you are considering a divorce, the decisions you make now can have a serious impact on your future. Don’t make them alone. Let our team of skilled NYC divorce lawyers help. Contact us via email at firstname.lastname@example.org or via phone at (929) 251-4477.
When married, a couple must support each other financially. But when a divorce is imminent, one individual may be financially disadvantaged. Spousal support, often called alimony, is when one partner helps to financially support the other either temporarily or permanently, depending on factors surrounding the individual marriage.
Although spousal support can be agreed upon in negotiation between both parties, it is often ordered by a judge who makes the determination based on many things, including each partner’s financial situation. Like child support, the judge often makes an award based on specific statutory guidelines and formulas in order to ensure fairness and consistency. This is why having the legal advice of Manhattan spousal support attorneys is very important. If you want to understand the full extent of your rights in a divorce, please call the Manhattan spousal support lawyer Ryan Besinque, at (929) 251-4477 for a free consultation.
Alimony and spousal support are terms that are often used interchangeably, both meaning that one partner is ordered to help financially support the other for a period of time. In New York, the more contemporary terms “spousal support” and “spousal maintenance” are used in the court system.
Technically, there is a difference between the terms “spousal maintenance” and “spousal support” but, again, they are often used interchangeably.
When used in conjunction with a divorce proceeding, both terms indicate the financial support of one partner by the other, either pre-divorce or after the divorce. In most cases, the period of time for the support is finite, but there are certain limited cases when one spouse will be responsible for supporting the other permanently.
Alimony is also known as spousal maintenance. It refers to payments that are made by one spouse to the other. The spouse paying alimony is usually the one with the higher income. A New York lawyer will inform you that you do not need children to be eligible to receive alimony payments. If you have children, however, your alimony payments may be lower if you get both child support and spousal maintenance. A spousal support lawyer may take into consideration child support when calculating the Court’s alimony calculator.
The non-custodial parent will usually pay the child support to the custodial parent. The Court uses a simple formula to calculate how much support each parent must pay. Based on their annual earnings and the number of children, the Court will calculate the amount they will pay. The child support obligation of a parent is continuous and is paid on a regular basis until the child turns 21 or becomes emancipated.
In New York City, the spouse with the highest income pays temporary support and maintenance to their spouse who is going through a divorce. A New York Spousal Support Lawyer will file a “Pendente Lite” motion. This is an official request to the Court asking for immediate financial support. It’s based upon reasonable living standards before the divorce. Once the Court has made its final decision on maintenance, temporary spousal support ends.
Every divorce is unique, and the court will consider other special financial circumstances to ensure that the award they make is a fair one.
If you are considering a divorce and alimony is something you may need to go forward, it is critical to get skilled legal assistance. Having the guidance of an experienced Manhattan family law lawyer will enable you to look at all your options as well as help provide evidence to prove the need. For a free consultation, contact The Law Office of Ryan Besinque via phone at (929) 251-4477.
Although historically alimony was awarded to the wife in a divorce, society and divorce law have become far less gender-biased. Today, regardless of gender, courts award spousal support based on the previously mentioned financial and other factors surrounding the dissolution.
In over half of all households with a child or children, women work outside the home. New statistics on household income and education levels now reveal that more women are acting as primary breadwinners and, consequently, more men may be eligible for spousal support. Currently, however, men represent a significant minority when it comes to being the payee of spousal maintenance. If you are in need of legal advice regarding agreements involving maintenance and family law, The Law Office of Ryan Besinque is here to help you resolve the issues your family may be facing. To speak with an experienced Manhattan attorney contact us via email at email@example.com or via phone at (929) 251-4477 for a free consultation.
Temporary maintenance may be ordered by a judge in some New York divorce cases. Temporary maintenance can be used to help a spouse with their immediate financial needs during a divorce. Often, it is accompanied by a recognition that the spouse has the right to maintain the standard of living they used to enjoy during their marriage.
New York State has developed very detailed guidelines for temporary maintenance. These guidelines contain a worksheet that can be used to calculate the amount of temporary maintenance that should be paid while divorce proceedings are ongoing. Temporary maintenance is usually in effect until the final divorce decree in a case. Sometimes, temporary maintenance orders can be modified or eliminated before the final divorce decree is handed down.
In divorce proceedings, the court must follow the New York temporary maintenance guidelines. The court may, however, deviate from the New York-mandated temporary maintenance guidelines if the guidelines are deemed unjust or inappropriate.
Whether a divorce is uncontested or contested, spousal maintenance has many variables. Divorce is an emotional time, but the financial decisions made during this time can have a significant impact on the financial future of either partner.
Getting the assistance of a skilled New York alimony lawyer is important in order for both partners to ensure that all options and consequences are considered and that their legal rights are being represented and protected.
If you are seeking spousal maintenance, Manhattan attorney Ryan Besinque and the experienced spousal support lawyers at The Law Office of Ryan Besinque can offer peace of mind and answer any questions you may have concerning spousal support in New York. Contact us at (929) 251-4477 to schedule a complimentary consultation.