Nassau County Spousal Support Lawyer
Alimony (Maintenance) & Spousal Support in New York State
Divorce is never easy and acrimonious divorces are especially painful. Because divorce agreements are so emotionally heightened, it’s a good idea to have an experienced attorney on your side, fighting for your rights. If you are seeking spousal support or have questions about your divorce proceedings, you should call our spousal support attorney in Nassau County. We have been practicing family law since 1988 and our team of dedicated professionals is standing by to answer all of your questions.
Schedule an appointment with our attorney in Nassau County by calling (516) 252-0223.
What Is Spousal Support?
Spousal support, sometimes referred to as “alimony” or “spousal maintenance”, is typically the court-mandated financial maintenance one spouse receives in a divorce settlement. When a divorce case goes before the Supreme Court, it is the court that decides spousal support as part of their judgment. In New York State, spousal support can be mandated in Family Court, but when the divorce goes before the Supreme Court, that earlier mandate ends, and a new judgment is made by the Supreme Court.
When determining spousal support, the courts may consider:
- Current income and income-earning potential or capacity
- Age and/or health of both parties
- Length of the marriage
- Quality of life during the marriage
- Non-financial contributions made during the marriage
Because determining spousal support is so complicated, it’s a good idea to have an experienced spousal support attorney on your side. Discuss your case today with Anthony J. LoPresti, Attorney at Law.
Is Spousal Support Considered Income?
Income for spousal support includes all sources of money that a person may receive via paycheck, stock dividends, etc. Essentially, anything that you would pay income tax on is considered income. Those who take jobs that pay less than what they could be actually earning are considered imputing income and the courts will attribute income to a person who hasn’t actually earned it.
Difference Between Alimony and Spousal Maintenance?
Alimony can refer to as a husband's or wife's provision for a spouse after separation or divorce; it has been also referred to as maintenance. It is supposed to be based on the receiving ex-spouse's actual financial need going forward, so alimony can vary greatly in amount and length of time.
Spousal support is a more modern and gender neutral term that encompasses the payments made to either a man or woman after a divorce. Spousal support is also considered temporary until either recipient is able to get back onto their feet.
Contact Us for a Free, 1-Hour Case Consultation
If you are considering or going through a divorce or separation, we can help. We know how difficult this process is and we are committed to helping our clients every step of the way. We have been practicing law since 1988 and are members of the New York Bar Association, the Nassau County Bar Association, and the Matrimonial Committee of the Bar Association. With extensive experience and knowledge handling divorce proceedings in Nassau County, we are prepared to put our knowledge to work for you.
If you are going through a difficult divorce, you are not alone. Call our Nassau County spousal support lawyer today at (516) 252-0223.
What does a family lawyer do besides divorce?
Divorce is the primary reason people seek out a lawyer, but professionals in this field can also handle adoption and guardianships, child custody disputes, child protection, asset distribution, draft pre and postnuptial agreements, and settle legal disputes between family members. Additionally, Anthony J. LoPresti works with experienced forensic accountants and can investigate the actual value of yours or your spouse’s assets and property.
What if I signed a prenuptial or postnuptial agreement?In many cases, having a marital contract prepared can make the divorce process much easier. However, depending on how long it’s been since you last revised your agreement, the terms set forth may no longer be tenable for your situation. It is possible to challenge the terms of a marital agreement at the time of divorce, but it is highly recommended you hire an attorney to do so. Likewise, you will want to hire a lawyer if your spouse is attempting to challenge a marital agreement you want to uphold.
My former partner has agreed to an uncontested divorce, do I still need an attorney?As mentioned above, it is always a good idea to have an experienced lawyer overseeing your case, even if both sides want to end things amicably. An uncontested divorce is one where both spouses want to get divorced and have agreed to fair distribution of assets, child custody, and other matters. The longer these cases go on, the more details begin to reveal themselves, and many couples find themselves arguing over things they never expected to. Having an attorney present can actually help maintain the civility of your divorce. Your lawyer can look at the situation without emotion and can help both sides find a reasonable solution.