If you’re considering divorce in Brooklyn, you probably have questions about alimony, also known as spousal maintenance. Whether you are on the potential receiving end or obligated to provide support, turn to Aiello & DiFalco, LLP. We have comprehensive knowledge of New York Domestic Relations Law and steadfast dedication to the welfare of our clients. Trust us to protect your rights and interests with precision and care.
When you consult with us, we will take the time to listen to your concerns and then address those concerns by providing you with informed guidance and personalized attention. Our firm offers the flexibility of in-person and virtual meetings to suit your convenience. Reach out today to learn how we can help.
Understanding Spousal Maintenance in Brooklyn
Spousal maintenance, widely known as “alimony,” is monetary support one spouse extends to another during or after a divorce. In Brooklyn, as well as across New York, such support might be temporary or extend over a longer duration. The courts are empowered to award temporary assistance during the divorce proceedings and/or establish ongoing spousal support following the divorce’s conclusion. Given the prevalence of dual-income households today, the award of alimony is not guaranteed.
The judicial system employs a precise methodology to determine the amount and duration of support, primarily weighing the income of the spouse responsible for payments, with a cap of $203,000. The calculation also incorporates additional elements like child support contributions, potentially adjusting the alimony upwards if no child support is disbursed, or reducing it when such payments are in effect. In instances where a marked income discrepancy exists, or the contributing spouse’s earnings surpass $203,000, further analysis is undertaken to evaluate the necessity for augmented support.
Types of Spousal Support
Generally, there are two types of support– temporary and post-divorce:
- Temporary Support: During the divorce process, courts often grant temporary support to help the lesser-earning spouse sustain their lifestyle. This form of support is intended to last only for the duration of the divorce proceedings, concluding once the divorce is finalized.
- Post-Divorce Maintenance: Following the divorce, the court may allocate either durational or permanent maintenance. Durational maintenance also referred to as “rehabilitative maintenance,” aims to support the recipient spouse’s efforts to gain employment or pursue additional education, facilitating their transition back into the workforce. Permanent maintenance is typically reserved for marriages of long duration or in cases where the recipient spouse cannot engage in employment due to health concerns. This type of support is indefinite, although it may be terminated under specific circumstances.
Factors Influencing Spousal Maintenance in Brooklyn
Brooklyn courts evaluate several factors when deciding on spousal maintenance:
- Financial standing and career backgrounds of each spouse
- The duration of the marriage
- Both spouses’ age and health
- The receiving spouse’s ability to attain financial independence
- Whether the couple have children
- The receiving spouse’s “non-financial” contributions during the marriage.
- Any factors the courts deem relevant.
To determine the duration of post-divorce maintenance, courts use a mandated formula based on the marriage’s length:
- Up to 15 years: 15-30% of the marriage’s duration.
- 15-20 years: 30-40% of the marriage’s duration.
- 20+ years: 35-50% of the marriage’s duration.
Spousal maintenance ends if the receiving spouse remarries or upon the demise of either spouse.
Our knowledgeable Brooklyn alimony attorney can help determine whether you are eligible for spousal maintenance or the amount of support you may need to pay. The goal is to reach a mutually beneficial agreement for both parties.
Why Choose Aiello & DiFalco LLP?
At Aiello & DiFalco, we know that every case is unique and a one-size-fits-all approach simply won’t do. That’s why our attorneys will work collaboratively with you to find solutions that protect your rights and prioritize your interests.
While we prefer to reach negotiated settlements, we also know that court intervention may be necessary. This is where our exceptional trial skills come into play. As seasoned litigators, we are well-prepared to present your case persuasively in the courtroom. Backed by in-depth research, we make compelling arguments, ensuring that your voice is heard.
Above all, we understand the emotional and financial burdens associated with divorce and will help to lift those burdens by providing you with unparalleled legal representation and caring, efficient service. From your initial consultation to the divorce settlement, we will be by your side, working to achieve a fair and favorable outcome.
Contact Our Experienced Brooklyn Alimony Attorneys Today
Aiello & DiFalco LLP is the trusted choice for challenging alimony determinations. Contact us today to schedule a confidential consultation.