When a couple is married, they contribute to the relationship in different ways. In some situations, one spouse may contribute to the financial aspects of the marriage more than the other spouse. If that couple eventually gets divorced, they may have to address the issue of spousal maintenance, which is also referred to as alimony. Spousal maintenance exists to help the lesser income spouse avoid some of the financial burdens that a divorce often brings as they take steps to become financially independent.
It is no surprise that the spouse that is financially stronger is often unhappy about the prospect of continuing to financially support his or her spouse after the divorce. This is often a contested matter that the court may have to decide on behalf of the couple. There are a variety of different factors that must be taken into consideration when spousal maintenance is contested, some of which include the following:
- The income of each spouse
- The marital and separate property of the couple
- The length of time that the couple was married
- The age and health of each spouse
- The earning potential of each party
- The current education and training of each spouse
- The needed education and training of each spouse
- The life goals that either spouse has deferred during the marriage
- The tax implications that spousal maintenance would have on each spouse
- The obligations that each spouse has to other family members
In many cases, temporary maintenance is awarded during the divorce process. Upon the end of the divorce process, the court can decide the degree of permanent maintenance that they feel is necessary. It is important to note that not all couples require a spousal maintenance award, especially when they are both financially independent.
If you and your spouse are thinking about divorce and you have concerns about how spousal maintenance will fit into your situation, it is important to speak with an attorney. The legal team at Zimmet Law Group P.C. can effectively protect your interests throughout your divorce for matters of spousal maintenance, equitable distribution, child support, modifications, enforcement, mediation, and more. Contact our firm today.
Zimmet Law Group, P.C. is an experienced team of attorneys guiding clients through matters of estate planning and administration, divorce and family law, real estate, commercial litigation, business law, bankruptcy, and landlord-tenant law. If you require the services of an effective New York City attorney, contact our firm today to schedule a consultation.