In New York state, spousal maintenance is the legal term for money that one spouse is required to pay to the other for support during or after a divorce. For many years, spousal maintenance was called alimony, a term that is still in common use; spousal maintenance may also be referred to as spousal support.
Whatever you call it, spousal maintenance may become an issue in your divorce. You may have shouldered the support of your family during the marriage, only to find that your lower-earning spouse expects continuing support after your divorce. Or you may have sacrificed your own career to care for your family and allow your spouse to advance at work, and will now need financial help to make it after divorce.
Whether you expect to pay spousal maintenance, or need to receive it, the Law Offices of Andreas Vasilatos, PLLC can protect your interests.
There are two types of spousal maintenance in New York: temporary spousal maintenance, sometimes referred to as alimony pendente lite, and post-divorce maintenance. Temporary maintenance, as the name suggests, is intended to ensure that a lower-earning spouse has the support they need while a divorce is pending.
Post-divorce maintenance may be for a specific period (durational) or for the recipient’s lifetime (non-durational). Even non-durational maintenance may terminate, however. If the court receives proof of the recipient’s remarriage, maintenance must terminate; the court may also decide to terminate maintenance if the recipient is living with a romantic partner as they would with a spouse.
Spouses can agree on an award of temporary or post-divorce maintenance, or they can leave the issue up to a court to decide. There is a somewhat complex formula in place to determine temporary maintenance; an experienced New York matrimonial attorney can ensure that the formula is being applied correctly and fairly in your case.
The duration of post-divorce maintenance is often calculated according to the following guidelines:
New York courts consider numerous factors in deciding how much post-divorce maintenance to award, including each spouse’s income; the age and health of each spouse; each spouse’s property the ability of the spouse seeking maintenance to become self-supporting, and any training or education required; whether there is an award of child support in the case; and more.
Because the determination depends largely on the factors the court considers, a skilled attorney can help ensure that the court receives evidence that strongly supports a party’s position on the issue of spousal maintenance.
Because most matrimonial law cases settle out of court, many attorneys who concentrate exclusively in family law have little courtroom experience. Andreas Vasilatos is different. He has extensive litigation experience and has represented clients in a variety of complex spousal maintenance cases, including those involving high net worth couples, prenuptial agreements, and requests to modify or terminate maintenance.
The Law Offices of Andreas Vasilatos, PLLC has two convenient locations: in Bayside, Queens and at 7 World Trade Center in Manhattan, and serves clients in all five boroughs of New York City as well as Nassau, Suffolk and Westchester Counties. We invite you to learn more about our firm and our team, and to contact us to schedule a consultation. We look forward to working with you.