issuesNassau County Spousal Support Lawyer

Put 20+ Years of Experience in Your Corner

Spousal support, also called spousal maintenance, is 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. It's important to collect comprehensive documentation that reflects financial standings and contributions to the household during the marriage. This evidence will form the basis for any claims made in court and can significantly affect the outcome of support awards.

If you are the payer or need assistance pursuing spousal support, speak with a Nassau County spousal support lawyer at once! Jason Barbara & Associates, P.C. can be reached at (516) 406-8381.

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. This distinction impacts how legal strategies are crafted and the timing of legal actions that a couple might pursue.

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. Preparing to modify these awards necessitates a careful review of all changing circumstances, ensuring that both parties' needs continue to be equitably met over time.

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. Understanding these trends, as well as any personal financial dependencies that developed during the marriage, is vital for formulating a compelling case for or against spousal maintenance.

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: In-depth analysis of accrued assets, monetary resources, and financial obligations.
• LENGTH OF THE MARRIAGE: Longer unions might warrant different maintenance arrangements reflecting significant lifestyle adjustments post-divorce.
• AGE AND HEALTH OF THE PARTIES: Older or health-compromised spouses may receive extended support to cater to medical or eldercare needs.
• PRESENT AND FUTURE EARNING CAPACITY: Assessment of earning potential, potential career advancements, or child-rearing responsibilities impacts awards.
• A SPOUSE'S NEED TO UNDERGO TRAINING: Consideration of necessary skill development or education, crucial for the transition back into the workforce.
• EXISTENCE OF JOINT HOUSEHOLD BEFORE MARRIAGE: Scrutiny of pre-marital financial interdependencies.
• ABILITY OF PARTIES TO BECOME SELF-SUPPORTING: Evaluation of economic self-sustainability potential.
• WHERE THE CHILDREN LIVE: Custodial arrangements bear weight on support calculations, necessitating child-focused planning.
• Property distribution award.

Does Adultery Affect Alimony in New York?

Adultery & Fault-Based Divorce

Cheating is one of the most common reasons why people get divorced. Some "no-fault" states such as California don't consider cheating in a divorce case. However, in New York, the court may consider evidence of adultery depending on the case. This means it is crucial to assemble convincing and admissible evidence to substantiate such claims, which often requires collaboration with private investigators or other professionals.

New York law defines adultery as a spouse having sexual intercourse with someone other than their spouse. To seek a divorce based on adultery, one must be able to provide evidence of the cheating from a third-party such as a private investigator. Understanding how to present this evidence in court is crucial, as improperly gathered or presented claims can weaken a case significantly.

How Cheating Affects Alimony

Alimony is awarded on a case-by-case basis and is determined by a variety of factors including those listed above. Marital misconduct, including adultery is not usually considered by the court when dividing property and awarding alimony. However, exceptions exist where misconduct leads to significant waste of marital resources. Keeping meticulous financial records can aid in demonstrating such a wasteful dissipation of assets, potentially influencing alimony awarded.

However, if a spouse commits adultery and spends a good portion of the marital assets on the lover; for example, expensive gifts, vacations, hotel rooms, or even rent money, the judge may find such behavior to be a "wasteful dissipation" of the marital assets. When this happens, any such adulterous activity may become a factor when a judge considers awarding alimony. Don’t hesitate to contact our firm to learn more.

Frequently Asked Questions

How Long Does Spousal Support Typically Last?

Spousal support duration is generally decided based on the length of the marriage, financial independence of both parties, and the receiving spouse's ability to become self-supporting. Typically, support is temporary, designed to aid the transition to financial independence. However, longer marriages may result in lifelong support, especially if the receiving spouse is unable to attain an independent standard of living due to age or health considerations. 

What Should I Do If I Want to Modify Spousal Support?

If you wish to modify spousal support, you must demonstrate a significant change in circumstances since the original order. This might include loss of employment, a substantial change in income or expenses, or changes in law. The petition for modification must be backed by strong evidence and legal rationale to potentially persuade the court to adjust the existing arrangement. Jason M. Barbara & Associates, P.C. is adept at preparing modification requests, ensuring precise documentation and strategic argumentation to effectively present our clients’ needs to Nassau County courts.

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. Understanding the dynamics of each family law scenario allows us to craft personalized approaches that align with each client's objectives and the complexities of Nassau County family law.

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. With a deep understanding of local court practices, we are adept at handling the intricacies of filing and defending claims efficiently, ensuring our clients' rights are robustly protected at every stage.

Contact us by calling (516) 406-8381 at your earliest convenience. We can use our experience to fight for your rights!