Spousal maintenance, also known as alimony, is intended to help a lower-income spouse avoid the financial hardship of divorce, help he or she become self-supporting, and generally prevent any economic advantage or disadvantage caused by the breakdown of the marriage. Spousal maintenance can be a hotly contested issue in a divorce. A couple often disagrees with what the other believes they deserve. While one believes that they have worked harder for the family and the other deserves less, the other spouse may have worked harder maintaining the home and believes that they deserve more than the other is willing to give. This is often the crux of the matter. Courts will take many factors into consideration when deciding on a fair and just support structure. When New York clients need an effective legal team to represent them in a contested divorce based on spousal maintenance, they turn to Zimmet Law Group, P.C. Contact our firm for a confidential consultation.
Determining temporary spousal maintenance
Determining alimony is a multifaceted process. For one, the court will follow a formula that calculates the basis of the reward. Temporary maintenance may be awarded during the duration of the case and decided on by a judge. Once the case is over, it will be up to the court to decide what degree of permanent maintenance should be awarded.
Permanent spousal maintenance
Permanent maintenance may be awarded as an order in the divorce decree. There are many factors that will normally impact an alimony structure, including the duration of the marriage. Below is a breakdown of how this works:
- Up to 15 years: maintenance could be awarded for 15 to 30% of the duration
- 16 to 20 years: maintenance could be awarded between 30 to 50% of the duration
- 20 years or more: maintenance could be awarded between 35 to 50% of the duration
There are numerous other factors that will impact the decision, including:
- Income and property
- Child support obligations
- Child custody arrangements
- Age of the parties
- The health of the parties
- Earning capacity
- The need for education or training of the dependent spouse
- Deferred life goals of the dependent spouse
- Tax consequences
- Caring for family members
Though it seems straightforward, much of this is not. Judges will use these factors to guide them towards a fair and just structure and many decisions will be decided at the discretion of the court. There are other factors that can change the award for alimony as well, including economic fault. It is important for people to understand that, for the most part, fault grounds will have little to no impact on the alimony decision.
Contact Zimmet Law Group, P.C.
Let the team of skilled attorneys at Zimmet Law Group, P.C. safeguard your rights regarding spousal maintenance. Courts use the payer’s income to determine the amount the dependent party will receive. Some parties cheat on their taxes, use cash-based businesses, or hide assets to make their income appear lower. If you suspect this to be the situation, we have investigators that will thoroughly investigate the matter. Our attorneys have the experience, knowledge, and tenacity to advocate for you and strive for a spousal maintenance arrangement that maintains your quality of life. For a consultation, contact Zimmet Law Group, P.C.
