Couples going through a divorce in Queens often find that alimony becomes a sticking point. The best way to resolve such disputes is to have an experienced alimony attorney. That’s where Aiello & DiFalco can assist you.
With a deep understanding of New York Domestic Relations Law, we regularly guide clients through the divorce process in Queens. We know what’s at stake, and will work to help you find the best solution, whether through a settlement or, if necessary, a trial. Above all, we will protect your rights and interests in and out of the courtroom. Contact us today for a consultation.
How Does Alimony Work in Queens?
In New York, alimony is referred to as spousal support or spousal maintenance. During divorce proceedings, a court may order temporary support for a spouse. Once the divorce is resolved, either by mutual agreement or a trial verdict, the details of long-term spousal support are determined.
The amount of spousal support awarded relies on a specific formula, incorporating various factors. Key among these is the income of the paying spouse, capped at $203,000. The spousal support amount can fluctuate depending on whether child support payments are concurrently being made.
This formula is especially important in instances where there is a substantial income disparity between the two parties. Understanding this formula is pivotal, both for spouses seeking support and those anticipated to make payments.
Temporary Support During Divorce
To maintain the lower-earning spouse’s standard of living, the court may award temporary support throughout the divorce process. This support is provisional and concludes once the divorce is finalized.
Post-Divorce Maintenance
Post-divorce, the court has the discretion to grant either durational or permanent spousal maintenance. Durational spousal maintenance is a predetermined support period following the divorce, often referred to as “rehabilitative maintenance.” This form of alimony is designed to enable the recipient spouse to re-enter the job market or pursue further education or job training. On the other hand, permanent spousal maintenance is typically limited to marriages of extended duration or situations where the receiving spouse is incapacitated due to health complications.
Factors Involved in Alimony Determinations
Spousal maintenance determinations by the court take into account:
- Income, career trajectory, educational background, and potential employability of both parties
- Length of the marriage
- Physical health and age of both parties
- The receiving spouse’s ability to become financially independent.
- Residency of children in the marital home and their ages
- Need to care for young children or other adult family dependents
- Non-financial contributions by the lower-earning spouse, such as homemaking
- Any other pertinent factors the court finds appropriate.
Furthermore, the court uses a formula to decide the tenure of post-divorce maintenance:
- Up to 15 years = 15-30% of the marriage’s duration
- Between 15 and 20 years = 30-40% of the marriage’s duration
- Over 20 years = 35-50% of the marriage’s duration
Spousal maintenance ends if the receiving spouse remarries or the paying spouse dies.
When you partner with Aiello & DiFalco LLP, our knowledgeable Long Island alimony attorneys will provide clarity on your eligibility for spousal maintenance and potential financial responsibilities.
Why Aiello & DiFalco LLP?
Each divorce is different, requiring tailored solutions. Our lawyers work closely with clients, comprehensively assessing their financial standing, marital contributions, and future requirements. With this data in hand, we strategize to achieve equitable agreements. Whether you are pursuing spousal maintenance or are concerned about potential financial obligations, we will work to protect your rights and financial stability.
We pursue open dialogue and negotiation, working to amicably settle spousal support disputes, invariably leading to better results. If litigation becomes necessary, however, we are well-prepared to protect your interests in court. With our firm by your side, you can expect first-rate representation throughout your alimony case.
Contact An Experienced Queens Alimony Attorney Today!
Aiello & DiFalco LLP is adept at handling even the most intricate alimony cases. Whichever side of the issue you’re on, we will provide you with informed counsel and guidance. Call us today to discuss your case.