Is It Worth Fighting for Spousal Maintenance in New York?

If you are going through the divorce process, you likely are wondering how it will affect your financial situation. Spousal maintenance is the financial support offered to one partner after separation. The funds are intended to help a receiving spouse maintain his or her lifestyle after separation, providing an opportunity for them to adjust to life on their own. It’s essential to understand that spousal maintenance is not permanent, but it can, under exceptional circumstances.

Spousal Maintenance in New York

In a typical divorce case in New York, the court will decide which spouse is eligible for spousal maintenance. Modern marriages have transformed from the standard-setting with stay-at-home wives and working husbands. The New York laws have also changed significantly.

Today, courts look at the factors below to determine who will get, how much they will get, and how long they will receive the spousal maintenance:

• Your household’s annual income
• Your spouse’s income
• Your income
• The age and health of the spouses
• Whether the spouse claiming spousal maintenance will have a hard time finding a job
• Marriage duration
• Tax repercussions of spousal maintenance
• Whether one of you requires to spend money on education or training

In a nutshell, there are more than ten factors that New York courts consider when determining the amount and duration of spousal maintenance. Besides, you can add more comments that the judges can consider.

How Long Does the Spousal Maintenance Last?

Under New York law, the duration of spousal maintenance is based on the length of the marriage. Generally, for a marriage that lasted for less than 15 years, the maintenance can last up to 30% of the marriage’s duration. For marriages that lasted for more than 15 years, the payments can last for up to 40% of the marriage’s duration.

Can you Negotiate spousal Maintenance?

You still have room for parties to negotiate the decision provided by the court. For instance, you may decide to forego the spousal maintenance to receive a larger share of the marital estate. During this stage, it’s essential to consider working with a divorce attorney and a financial expert to help you achieve a fair settlement.

Some of the tips to consider during spousal maintenance negotiations include:

• Evaluating your finances- Before putting or accepting an offer for spousal maintenance, you need to evaluate your finances thoroughly.
• Consider the best and worst scenarios- You need to evaluate the best and worst things that can happen while negotiating a settlement.
• Consider your ex-spouse’s needs.
• Consider your wants and needs.

Looking for a Manhattan Divorce Attorney? We Can Help

After a divorce, one partner will likely pay for spousal maintenance. When it comes to dissolving a marriage, child support, wealth distribution, and alimony, you should consider working with an experienced attorney to get the most favorable outcome.

At WertheimerLipton, we will offer the legal help you need to ensure you receive a fair settlement. Contact us online to schedule a consultation with our law firm.