Seeking Maintenance In New York

At the Family Law Center in Chester, New York, clients will find a private space to discuss their fears and concerns regarding divorce in a private environment. We understand that this is a stressful time and that you have many concerns about your financial well-being. Our divorce lawyers are caring, compassionate and experienced in all aspects of spousal support and property division. We have the experience you need to get results in negotiations, mediation or family court.

Proving The Need For Spousal Support

Unlike child support, spousal support is not mandatory. It is up to the discretion of the family court judge whether he or she will order maintenance, also referred to as alimony, and if so, in what amount and for how long. The judge will consider a number of specific factors when arriving at a decision. Some of the factors the judge will consider include:

  • Age and health of each spouse
  • Current income of each spouse
  • Work history of each spouse
  • Current lifestyle of the couple

There are several types of spousal maintenance:

  • Temporary spousal maintenance: This may be ordered during the time the divorce is pending, but that does not mean maintenance will continue after the divorce is finalized.
  • Permanent spousal maintenance: This may be ordered in the case of long-term marriages where the spouses are elderly or one spouse is in poor health or has few prospects for employment.
  • Rehabilitative spousal maintenance: Temporary in nature, rehabilitative maintenance is usually ordered when one spouse has stayed home for a number of years to raise children and now needs job retraining in order to get back in the workforce.

When you visit our office, your lawyers will go over each of these factors with you and will advise you on how your particular situation is likely to be considered by the judge. This includes same-sex couples who can now marry legally and are seeking to dissolve their relationship using all legal rights available to them under current law.

Modification Of Spousal Maintenance Awards

Spousal support can be modified if there is a significant change in the financial circumstance of either spouse, such as:

  • A significant (10 percent or more) increase or decrease in income
  • Marriage of the support-receiving spouse
  • Self-sustaining employment of the support-receiving spouse

Contact Our Firm Today

To schedule a paid initial consultation with one of the attorneys at Gary Greenwald & Partners P.C., please call us at 845-477-5692 or contact us online. We have office locations in Chester, Wurtsboro and Poughkeepsie. Se habla español.