Spousal Support Cases
If a husband and wife are considering a separation or divorce, they will have to address the issue of spousal support, also called spousal maintenance. Spousal support is financial support given to one spouse by the other either for a set period of time or an indefinite period. It is awarded through Family Court or the Supreme Court, and may be requested before the divorce has been started. If you or someone you know needs legal assistance with a spousal support matter, it is advised that you contact our firm to discuss the situation and/or to initiate legal action.
Attorney Lynn Poster-Zimmerman has been practicing family law since 1983 and is an experienced and skilled family lawyer. By working with her, you will receive the benefit of her extensive track record and the personal service she provides to all of her clients.
Specifications and Factors
New York Domestic Relations Law provides the guidelines for awarding spousal support in New York State. Most divorce cases in provide spousal support for a specific number of years as opposed to an indefinite period. In addition, spousal support is awarded to both men and women.
A number of factors are taken into consideration by the court in determining spousal support. One of the most important factors is the standard of living established during the marriage. Some of the other factors include:
- Income and earning potential of the parties involved
- Length of the marriage
- Division of property and assets under equitable distribution
- Presence of children in the home and who will have custody
- Party seeking support has foregone educational or career opportunities during the marriage
- How long and at what expense it will take for the party seeking support to become self-supporting
- Age and health of the parties.
During a divorce proceeding, the court may award temporary maintenance or temporary spousal support. In New York State, as of October 13, 2010, the laws regarding temporary maintenance will change dramatically. A complicated formula for maintenance will go into effect, requiring a skilled attorney to properly advise their clients.
It is important to consult with Attorney Lynn Poster-Zimmerman, about the specifics of your situation to find out how spousal support will apply to you. You are encouraged to contact the firm to schedule a consultation as soon as possible.