If you’re considering divorce in Nassau County, alimony may be a primary concern. Whether you stand to receive or provide support, Aiello & DiFalco LLP is here to guide you. With a deep understanding of New York Domestic Relations Law and an unwavering commitment to our clients, we can help protect your rights and interests.
When you meet with us, we will listen to your concerns, explore all your options, and help you make informed decisions about your financial future. Conveniently located in Garden City, we offer both face-to-face and virtual consultations. Reach out today to speak with our experienced Nassau County alimony attorney.
What Is Spousal Maintenance?
Spousal maintenance, often known as “alimony,” is financial support provided by one spouse to the other during or after a divorce. In Nassau County and throughout New York, this support can be temporary or long-term: the court can award temporary support while the divorce proceeds and/or long-term spousal support once the divorce is finalized. With both spouses commonly in the workforce today, alimony is not guaranteed.
Determining the Amount and Duration
The court uses a specific formula to decide the amount of support, focusing primarily on the paying spouse’s income up to $203,000. Other factors such as child support payments can also influence the final amount: payments may be higher if no child support is being paid or slightly lower if it is. In situations where there’s a significant income disparity or the paying spouse earns beyond $203,000, additional considerations come into play to determine if extra support is warranted.
Types of Spousal Support
Generally, there are two types of support– temporary and post-divorce:
- Temporary support – The court may award temporary support during the divorce proceedings to assist the lower-earning spouse in maintaining their standard of living. Once the divorce is settled, this support ceases.
- Post-divorce maintenance – The court may also award durational or permanent maintenance. Durational maintenance, sometimes termed “rehabilitative maintenance,” is designed to aid the receiving spouse in re-entering the job market or pursuing further education. Permanent maintenance is exclusively for lengthy marriages or when the receiving spouse is unable to work due to health reasons. This support has no set end date but can cease under certain conditions.
Nassau County courts evaluate several factors when deciding on spousal maintenance:
- Financial standing and career backgrounds of both spouses
- Duration of the marriage
- Both spouses’ age and health
- Capacity of the receiving spouse to attain financial independence
- Presence of children in the marital home.
- Needs related to child-rearing or caring for adult family members.
- Non-financial contributions made by the receiving spouse during the marriage.
- Any other relevant circumstances.
Furthermore, to determine the duration of post-divorce maintenance, courts rely on a set 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 recipient remarries or upon the demise of either spouse.
You can depend on our Nassau County alimony attorney to determine whether you are eligible for spousal maintenance or the amount of support you may need to pay, and work to reach an agreement that works for both parties.
Why Choose Aiello & DiFalco LLP?
At Aiello & DiFalco, we understand that each client’s circumstances are unique, and a one-size-fits-all approach simply won’t do. With this in mind, our dedicated team will work closely with you, crafting tailored strategies that prioritize your interests. While our first approach is always negotiation, we recognize that sometimes, taking the case to court is inevitable. This is where our seasoned litigators come into play.
Backed by years of trial experience, our attorneys are adept at presenting your case persuasively in the courtroom. We equip ourselves with in-depth research, ensuring that every facet of your case is presented compellingly. You can be confident that your voice will be heard, and your rights defended vigorously.
Above all, we understand the emotional and financial weight spousal maintenance cases can carry. From our initial consultation to the final resolution, we will stand with you every step of the way, working to achieve a fair and favorable outcome.
Contact Our Experienced Nassau County Alimony Attorneys Today
Aiello & DiFalco LLP is the firm of choice for challenging alimony determinations. Contact us today to arrange a confidential consultation.