Brooklyn Spousal Support Attorney Helps Clients Obtain Results
When considering a divorce, some of the most frequent questions our Brooklyn divorce lawyer Robert Gershon hears focuses on obtaining spousal support. With a divorce in New York, there are many issues that must be considered. Custody issues, safety, and property issues are all concerns. For many, the most stressful issues revolve around financial concerns. Decisions about money play a large part in most divorces, particularly when one spouse is financially dependent on the other.
Alimony, Spousal Maintenance and Spousal Support
The terms spousal support, alimony and spousal maintenance are often used interchangeably. Generally speaking, it is referred to as maintenance in Supreme Court, the only place one can file for divorce. In Family Court, it is known as spousal support. If you are not married, you are not entitled to spousal support. Married couples, however, can file in either court. A final order of spousal support from Family Court will continue indefinitely. Only in a divorce proceeding can an end date be established. Will you have to pay spousal support? Will you collect maintenance? As a Brooklyn matrimonial law firm, we hear this question daily. Like so many issues in family law, there is no clear-cut formula. Each case is dependent on its particular facts and circumstance. We have structured a wide variety of financial arrangements that satisfy legal requirements. Ideally, spousal support can be negotiated by the parties and their lawyers. Alternatively, it can be determined through litigation.
Having an experienced Brooklyn family attorney is crucial to ensuring you receive the maximum amount of alimony the law allows. It is also important that you ensure you are not paying more than you should be. At Robert S. Gershon, P.C., Attorney at Law, we can help you navigate the murky waters of spousal support. Whether you are asking for support for the first time or are seeking modifications to an existing agreement or court order, our Brooklyn matrimonial lawyer is here to protect your legal rights.
Spousal Support Focuses on Maintaining Your Standard of Living in Brooklyn
The purpose of spousal support, or alimony, is to allow both parties to have sufficient financial mean once the marriage ends. The goal is to allow the supported individual to maintain a standard of living that is the same as or close to what it was during the course of the marriage.
Are the requests reasonable? Will the demands of one spouse leave the other unable to support their standard of living? What justifications can you use to seek higher or lower support levels?
Generally speaking, the higher earning spouse makes payments to the other, but the facts of every case vary. The circumstances of each marriage are different. To fully understand your rights, you need to speak with our Brooklyn divorce lawyer Rob Gershon, who can help you develop the right strategy for the outcome you seek.
How Does New York Calculate Spousal Support?
While there are guidelines to determine how much maintenance/spousal support you must pay or receive in New York, unlike child support, it is discretionary. Therefore, the Court decides whether it is appropriate in each individual case. If parties can come together with their attorneys, and agree on the amount and type of payments, they can move on without litigation. However, the reality is the issue of spousal maintenance payments often leads to litigation. With the help of an experienced matrimonial lawyer, you can present your case to a judge.
New York domestic law requires the courts to consider the following when deciding whether to issue an order for spousal support:
- Property and assets of both parties;
- The income of both parties;
- Any tax ramifications for both parties;
- Future potential earnings of both parties;
- Present potential earnings of both parties (as opposed to actual present income);
- Age of both parties;
- General health of both parties;
- The potential for the individual seeking support to become financially independent/self-sufficient;
- Evidence of wasted marital property;
- Children and custody arrangements;
- Lost earning opportunities because of delayed education or training for the spouse seeking maintenance; and
- The length of time the parties were married.
- Whether child support is being paid.
The court has tremendous discretion in disputes relating to spousal support and maintenance. It is essential that you hire an experienced Brooklyn divorce lawyer who can collect financial records and other evidence, and present it a favorable light.
Is your spouse hiding assets? Is someone lying about their income? Robert S. Gershon is a seasoned Brooklyn matrimonial lawyer who can help uncover the truth, helping you to receive the maximum amount of alimony allowed by law.
What Types of Spousal Support Can You Get in Brooklyn, NY?
As with so many aspects of family law in New York, spousal maintenance can come in a variety of forms. Do you receive monthly payments for spousal support? Can you pay a lump sum of alimony? Depending on what you and your spouse negotiate, or based on the decision of a judge, spousal maintenance arrangements in NY and Brooklyn usually fall into one of the following categories:
- Temporary spousal support – temporary support maintenance is usually put in place until a divorce is finalized. When the divorce is final, the issue of ongoing maintenance payments is decided.
- Final award of spousal maintenance – can either be for a set amount of time or in some cases may go on indefinitely.
- Rehabilitative support – spousal support ends after the receiving individual has the opportunity to obtain skills or education to become employed.
Contact Our Brooklyn Matrimonial Lawyer Robert Gershon with Questions
If you are considering or are involved in a divorce, dealing with support issues and other matrimonial matters, contact Brooklyn divorce lawyer Robert S. Gershon. He demonstrates the compassion, dedication and deep understanding of family law in New York make to help you make wise decisions.
If you believe you are paying too much alimony, or not receiving fair support, we may be able to help. Call us today at (718) 625-3977 or email robgershon@gmail.com.
