Nassau County Spousal Support Lawyer
Why You Need Our Firm on Your Side
Spousal support and spousal maintenance are an issue in many legal separation
and divorce cases.
Awards for support are not automatic in every divorce case in New York.
Spousal support is awarded by a family court during the course of the divorce
process. Both spouses have a legal duty to support one another, which
is why the Family Court Act allows support proceedings to be started by
a married person.
Awards for spousal support are pursued in family court because the couple
is not yet divorced, but the other party is not meeting his or her support
needs. If you are the payer or need assistance pursuing spousal support,
speak with alawyer at once! Jason Barbara & Associates, P.C. can be reached at
Spousal Support vs. Spousal Maintenance
Some people use the terms alimony, spousal support and
spousal maintenance interchangeably but in New York, there is an important difference. While
they all have to do with one spouse paying payments to another, in New
York spousal support is paid while the couple is still married and spousal
maintenance is paid after the divorce is finalized.
Spousal support is awarded in family court and since married couples have
a duty to support each other, there is no requirement that the parties
are separated before a court can award spousal support. When family court
awards spousal support, there is no time limit for the award. This means
the spousal support can last many years. Providing neither spouse seeks
a modification, the spousal support will only end upon divorce.
When a couple gets a divorce, the court will decide whether or not to award
spousal maintenance. Once it is set, it will either be set for life or
the award will be set for a fixed number of years. Spousal maintenance
in New York is gender neutral, thus an award can go to a man or a woman,
though women do tend to be awarded spousal maintenance far more often
than men due to the fact that men in general earn more than women.
How is spousal maintenance determined?
When the court makes decisions about whether to award spousal support or
alimony, the court will assess the past, present, and future lives of
all parties. Some of the important factors that the court will consider include:
- Income and property of each spouse
- Length of the marriage
- Age and health of the parties
- Present and future earning capacity
- A spouse's need to undergo training
- Existence of joint household before marriage
- Ability of parties to become self-supporting
- Where the children live
- Property distribution award
Because there are so many factors that can affect the size and duration
of spousal support, having the aid of a legal professional familiar with
such proceedings is a significant advantage. Divorce proceedings are a
financial strain by themselves. Having the guidance and negotiation skills
of an experienced attorney can help ensure that you receive the spousal
support you deserve.
Contact Jason M. Barbara & Associates, P.C.
At Jason M. Barbara & Associates, P.C., our firm has represented clients
who are seeking to receive spousal support or maintenance, and who have
been ordered to pay support. In addition, we have successfully negotiated
practical and favorable arrangements for our clients.
Do you need an attorney for a spousal support case in Nassau County? We
are comprised of professional legal personnel who serve clients throughout
Nassau County. As you pursue spousal support or maintenance, or if support
is being pursued from you, our firm can take actions to protect your life.
Contact us at your earliest convenience. We can use our experience to fight for your rights!