Understanding Alimony & Maintenance
Long Island Divorce Lawyer
Maintenance, also referred to as spousal support or alimony, is a matter during the
divorce process that must be resolved before the divorce is settled. If determined by a court or agreed to by the parties, maintenance is the legal obligation that one spouse may have to the other – to continue to support each other even after a legal
separation or divorce. Alimony, a concept similar to
child support, is usually court ordered or decided upon by spouses during divorce.
There are three types of spousal support a court can consider:
Permanent: This maintenance covers the cost of housing, food, clothing, medical care, and other necessary provisions of the supported spouse. To request this type of maintenance, the spouse must be able to prove their need for permanent support.
Rehabilitative: This support is meant to enable a spouse to refresh or build job skills that are needed to help them secure employment. This is a temporary form of maintenance, and the amount of the payments and length of time will be determined by the court or can be agreed to by the parties.
Restitutional: This temporary form of maintenance that involves payments made to a spouse to allow them to pursue education or enhance their vocational skills.
How is spousal support determined?
The Court may consider a number of factors when deciding the amount of maintenance and length of time for which payments will be made, including:
- The length of the union
- Age and health of both spouses
- Assets and debts
- Occupations and incomes of the spouses
- Both spouses’ abilities to secure future employment and income
- The conduct of the spouses during the marriage, including the involvement of domestic violence
- Any special needs or circumstances
At Meyers Law Group, PC, the legal team provides exceptional representation to clients all across Long Island and the surrounding counties of Nassau and Suffolk County. With help from a seasoned Long Island divorce attorney at the firm, you can ensure your voice is heard before the Court.
The Importance of Skilled Advocacy
In the state of New York, divorce and family law cases are generally quite complex. When children are involved, matters of child custody, child support and visitation must be taken into account. Even without children involved, you must take into consideration property division,
equitable distribution and much more. Even in an
uncontested divorce in which a couple seeks
divorce mediation, emotions can become heightened with any minor dispute.
At our office, we are intimately knowledgeable with all divorce and family law matters as it relates to your spousal support case. We can provide you with valuable information on how to determine a yearly figure for maintenance. In addition, we can shed light on the laws surrounding maintenance in divorce couples, as stated in DRL section 236 (6)(B), a guideline for Post-Divorce Maintenance in the State of New York.