Spouses have an obligation to take care of each other financially, and this obligation does not necessarily end after the divorce. There are various kinds of financial support that the courts can order one spouse to pay the other, and the laws regulating this support vary by state.
For example, in the state of New York, there are two kinds of financial arrangements that the court can order: spousal support and spousal maintenance. According to the New York State Unified Court System, the court may order spousal support while the couple is still married.
If you want to submit a spousal support petition, you must do so through Family Court. There is no filing fee, and you can apply for child support in the same petition.
If a couple divorces and the court orders continued financial support, it is called spousal maintenance, or alimony. There is no need to file a petition for alimony because the court will determine a fair financial arrangement during the divorce proceedings.
If you are considering divorce and you would like to know how it could affect your finances, contact the Elliot Green Law Offices. Call 718-260-8668 to schedule a consultation with a family lawyer in Queens.
How Can I Secure Spousal Support?
If you petition Family Court for spousal support, your spouse will receive the appropriate financial disclosure forms, as well as a summons to attend a hearing. At the hearing, the Judge or Support Magistrate will explore the financial situations of you and your spouse.
In order to ensure the information you both provide is accurate, the court will have you complete a Financial Disclosure Affidavit. You will also need to provide your most recent tax return and a few pay stubs.
The court will use this information to assess your financial situation and determine if arranging spousal support is necessary, as well as how much is fair. Regardless of whether you are the petitioner or the respondent, you have the right to hire a family lawyer during spousal support proceedings.
How Does the Court Calculate Spousal Maintenance?
The purpose of spousal maintenance is to help the recipient gain financial independence following divorce. According to NYCourts.gov, there is no single formula for determining the maintenance arrangement; rather, the court will consider a variety of factors to determine a fair financial obligation. These factors include:
- Income and property;
- Duration of the marriage;
- Health and age;
- Present and future earning capacities;
- Future education or professional training expenses;
- Tax burdens;
- The distribution of marital property; and
- Access to health insurance benefits.
Spousal maintenance payments may end when:
- One of the parties dies;
- The recipient remarries; or
- The predetermined duration of the agreement has passed.
If you are considering divorce and you have questions about spousal maintenance or child support, turn to a family lawyer from Elliot Green Law Offices. Call 718-260-8668 to schedule a consultation with a divorce attorney in Queens. You can learn more about divorce proceedings in New York by visiting http://divorce.usattorneys.com/new-york/.
