Long Island Spousal Support Attorney
The issue of spousal support, known as 'maintenance' in New York, is a complex issue that comes up in many divorce cases. Spousal maintenance can be awarded pending the outcome of the divorce (pendente lite) to allow a spouse to maintain the financial status quo until the divorce is resolved as well as an award at the conclusion of divorce proceedings on a temporary basis or permanent basis. It is typically awarded in longer-term marriages where there is a significant difference in earnings between the two parties. It is important to note that there is no formula the court follows in determining whether to award maintenance or how long it should continue. Instead, there are several factors the court will take into consideration, i.e. length of the marriage, the difference in earnings between the two parties, whether one party stayed home to care for children, and the spouse's ability to be self-sufficient. Lifetime spousal maintenance is extremely difficult to obtain in New York. The courts usually limit maintenance to a fixed period of time to help the other party develop the skills to become self supporting.When necessary, our firm works with accountants and experts to help make sure that the accounting is handled accurately and meticulously. Once it is determined that spousal maintenance is appropriate, a determination needs to be made as to the amount of maintenance, as well as for how long that maintenance will be paid. If you need help in calculating a fair and sufficient amount of spousal support or maintenance, contact the New York spousal support attorneys of The Kepanis Law Firm today.
Courts decide spousal support or maintenance on a case-by-case basis, taking several factors into consideration, including:
- The income of the respective parties
- The presence of children in the home of the party seeking spousal maintenance
- The partie' ages
- The earning capacity of each spouse
- The length of the marriage
For tax purposes, spousal support is considered income when filing federal income tax returns. Generally, the spouse that pays support may deduct the payments. Spousal support orders can be modified under certain circumstances, including remarriage, loss of a job or income, or any other increase or decrease in income of either party. Your divorce lawyer can advise you on negotiating strategies that can be most beneficial for your situation. At The Kepanis Law Firm, our New York and Long Island divorce lawyers provide guidance for both clients seeking financial support from their spouses or ex-spouses and defending spouses who are ordered to pay support to ensure that the amount is equitable.
Contact the Kepanis Law Firm today for an initial consultation or case evaluation today. We serve clients in the communities of Long Island and New York City and throughout Nassau and Suffolk counties.