Speak With an Attorney About Spousal Support
People seeking spousal maintenance (formerly known as alimony or spousal support in New York) should understand the criteria used by the court to determine the amount of maintenance to be paid or received. Our Rochester, New York, law firm, The Trotto Law Firm, advises clients about spousal support matters. We educate clients about their options and discuss the factors considered by the court when awarding support during divorce.
Factors Considered by the Court When Determining Spousal Support
When determining the amount of maintenance to be paid by one spouse to the other, the court considers factors such as:
- The length of the marriage
- The conduct of each party during the marriage
- Age and health of the parties
- Occupations of the parties and their incomes
- Other sources of income
- Vocational skills, education levels and employability of the spouses
- Assets and debts of the parties
- Any special needs of the parties
- The opportunity of the parties to acquire future income and assets
Our attorney can advise you about what you can expect and whether you are likely to receive or be required to pay support to your ex-spouse.
Different Types of Support
There are several kinds of support under New York state domestic relations law. Which type you receive or need to pay is determined after an evaluation of the factors above. The three primary types of maintenance are these:
- Permanent: While rarely granted, this continues until one of the parties dies, retires, experiences a significant change in circumstances or reaches an agreed-upon end date.
- Rehabilitative: This type of maintenance is temporary and designed to help one of the spouses obtain the education and training needed to be self-supporting.
- Restitutional: This type of temporary alimony is awarded when one spouse supported the other while he or she obtained an education or professional training.
As an alternative to ongoing maintenance, some divorcing couples opt for one spouse to receive a one-time distributive award, or lump sum cash payment.
Contact The Trotto Law Firm in Rochester, New York, if you believe that you or your spouse will be requesting alimony. Our lawyer can advise you about your options.
