Spousal Support Lawyer In Nassau County
Spousal maintenance is an important consideration in many divorces. If you are ending your marriage, you might be wondering whether you have the right to receive monthly support payments from your ex, or whether you could be obligated to pay them.
I have provided skilled and practical legal counsel in Nassau County regarding spousal support issues and other matters of matrimonial law for over 40 years. If you are ready to discuss spousal support with a lawyer, call 516-441-7432.
I am a Board Certified Family Law Trial Specialist* by the National Board of Trial Advocacy.
New York Spousal Maintenance Law
Spousal support was called alimony in New York prior to the enactment of the Equitable Distribution Law in 1980. Alimony was a reward to an innocent spouse and punishment to the guilty spouse. If guilty of marital fault, you would be barred from any support award.
The Equitable Distribution Law eliminated alimony and created spousal maintenance, which is now meant to provide for the spouse who is unable to support him or herself; or to enable him or her to become self-supporting.
Economic need is the important consideration in matters of spousal maintenance. Marital fault is not mentioned directly in the statute, although egregious fault or economic fault can affect an award.
Under New York law, maintenance can be awarded for a specific duration or permanently. Final awards in divorces are based upon 20 enumerated statutory factors. They include:
- The length of the marriage
- The health of the parties
- The present and future earning capacity of each party
- Either party’s need for training or education
- Either party’s ability to become self-supporting
- Domestic violence that might inhibit a party’s earning capacity
- Presence of children, stepchildren or disabled adult children in a household
Spousal maintenance can be suspended if there is an interference with the other party’s relationship with a child.
Agreements concerning spousal support can be modified in certain situations, but only when based upon extreme financial hardship; this would include being in danger of needing public assistance.
Because spousal maintenance agreements or orders are not easy to modify — and they can have a significant effect on your daily life — it is very important that you work with a skilled attorney to get a fair and appropriate arrangement. Please call 516-441-7432 or contact me online to schedule a legal consultation regarding your spousal support concerns.
*The National Board of Trial Advocacy is not affiliated with any governmental authority. Certification is not a requirement for the practice of law in the State of New York and does not necessarily indicate greater competence than other attorneys experienced in this field of law.