Spousal Support Lawyer in Long Island

Qualifying for Spousal Maintenance in New York State

Following a divorce, one of the partners may be entitled to spousal support, also known as alimony or spousal maintenance. Although there may be a bias towards rewarding the wife in a marriage spousal support – prompting the creation of men's or father's rights practices – there are no laws in place that say men cannot be granted alimony. The amount of maintenance is most closely tied to the incomes of each party and his or her financial independence.

If spousal support is not agreed upon between the parties, a family law judge will make the determination for them. Our opinion here at Jonathan E. Kroll & Associates, PLLC is that it is in your best interests to attempt to work it out ahead of time rather than let the judge make the decision, if this is a reasonable possibility. You should not feel as if you are giving up your rights to come to an agreement, though.

Determining Spousal Support in New York

As aforementioned, it is usually to everyone's benefit if matters can be resolved outside of court, perhaps through mediation or talks with a divorce attorney. It is completely understandable to not want to give up more than you believe your spouse requires; inversely, you should not be afraid to ask for as much maintenance payments as you deem necessary for you to continue living comfortably and similarly as to how you lived while you were married.

The entire point of spousal support is to maintain and upkeep that standard of living for both spouses, at least until the receiver of the benefits remarries or other major life changes occur.

Unlike property distribution, the conduct of a spouse and the grounds for divorce may be considered in determining spousal support, even though New York is a no-fault divorce state. If you are worried that freestanding circumstances that might actually affect how maintenance is determined in your divorce, be sure to let your lawyer know right away.