Rochester Divorce Attorney Handling Spousal Maintenance
Experienced Attorneys for New York State Alimony Issues
As an experienced Rochester Divorce Attorney I often advise my clients that spousal maintenance or alimony is anything but automatic under New York matrimonial law. When the marriage didn’t last very long, or both divorcing spouses are established in careers, it’s unlikely that the court will order one spouse to pay the other anything for alimony. As a general rule, only people who have been married for decades will have a strong claim to long-term spousal maintenance payments.
Every situation is different. There is no fixed formula that will tell you how much alimony will be paid. If you need dependable advice about spousal maintenance in your divorce, contact experienced Rochester Divorce Attorney Michael D. Schmitt for a free initial consultation.
Skillfully Handling Spousal Maintenance Matters in Rochester
New York Supreme courts can award spousal maintenance in divorce cases. For marriages that lasted 25 years or longer, a rough rule of thumb is that payments will last for a period equal to one third of the length of the marriage – for example, 10 years of support for a 30-year marriage. If there’s no real basis awarding spousal maintenance on a showing of need in a marriage of shorter duration, however, it’s not likely that a court will order it.
Maintenance is usually negotiated together with property division issues. If your marriage lasted less than 15 years, and the facts show that the financially weaker spouse has a specific need for support while finishing a degree or reentering the workforce, then temporary maintenance might be ordered for two or three years. The tax implications of the maintenance payments should be taken into account, and you can count on your Rochester Divorce Attorney to advise you on how tax attributes can affect the practical value of the support and property division proposals under consideration.
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Our experience with spousal maintenance issues for clients in a wide variety of circumstances can help you understand your options whether you’ll be making the payments or collecting them.
If you need help with a spousal maintenance matter in New York, contact experienced Rochester Divorce Attorney Michael Schmitt for a free consultation.