Advocating For Your Best Interests
Unlike other states, in New York there is no law that guarantees an award of spousal maintenance (sometimes called alimony or spousal support). If a request for spousal maintenance is made, the court will consider several factors, but ultimately, the decision to grant temporary or permanent spousal maintenance is solely at the court’s discretion. Given the uncertainty surrounding court-awarded spousal maintenance, it is often best for parties to settle this issue outside the courtroom.
Saving You Time And Money
At Brettschneider & Brettschneider LLP, we regularly save clients’ time and money by negotiating out-of-court spousal maintenance settlements that satisfy the needs of both parties while avoiding court intervention. However, if the other party is unwilling to agree to a fair settlement, we will vigorously advocate for our clients’ best interests at trial. Serving individuals and families throughout Long Island, New York, our firm represents parties requesting spousal maintenance, as well as those opposing an award of spousal maintenance.
Contact us to arrange a consultation with an experienced Long Island alimony lawyer.
Exploring Cost-Effective, Out-Of-Court Alternatives To Spousal Maintenance
New York courts may award temporary spousal maintenance while a divorce is pending or permanent maintenance as part of a final divorce decree. The state of New York has developed guidelines that courts must consider when awarding temporary maintenance, but courts may deviate from those guidelines when such a deviation is warranted. When considering an award of permanent spousal maintenance, New York courts have broad discretion that permits them to determine: (1) whether to grant maintenance, (2) how much to award and (3) how long the award should last. The factors courts consider include:
- The duration of the marriage
- The lifestyle enjoyed during the marriage
- Whether the recipient spouse gave up opportunities during the marriage
- The ability of the recipient spouse to support himself or herself
- The living expenses of both spouses
- Who the children will live with
- The assets each party will have after the divorce
Brettschneider & Brettschneider LLP · Suffolk County Spousal Maintenance Lawyer
Our attorney will provide you with the reliable counsel and advice you need to find the best possible resolution to your spousal maintenance matter. Call us at 631-515-5864 or contact us online to arrange a consultation.