Spousal Support Lawyer Albany, NY

Spousal Support Lawyer Albany, NY

At the end of a marriage, things tend to become quite uncomfortable at the very least. Individuals that at first committing to lifelong devotion, later end up going into separate directions, this dynamic will bring in emotions that will cloud judgment while making the simplest decisions or tying up of loose ends. At The Smelyansky Law Firm we will bring in a type of world class professionalism and structure that will make the distribution of Alimony and Maintenance a smooth process.

What is Spousal Support?

Spousal support can be easily described as a payment from one spouse to the other. Usually, it is paid over time, and the result of a case judgment in a lump sum or set monthly payments schedules. Men pay spousal support to women, in certain situations the roles can be reversed. The central idea is that the spouse with higher income helps the spouse of lower income after a divorce. This process is also known as Alimony or as maintenance.

In marriages that have lasted a long time, or where the former spouse is, and has been, out of full-time employment, that the recipient spousal partner often lacks ample resources, or has sacrificed her/his business or professional career to serving as a parent and say at homemaker and “maintenance” is necessary to achieve financial independence.

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Elements considered when determining when a spouse is entitled to maintenance:

  • The need to pay for exceptional additional expenses for the child or children, including, but not limited to, schooling, day care, and medical treatment
  • Acts by one party against another that have inhibited or continue to inhibit a party’s earning capacity or ability to obtain meaningful employment. Such acts include but are not limited to acts of domestic violence
  • The inability of one party to obtain meaningful employment due to age or absence from the workforce
  • A transfer or encumbrance made in contemplation of a matrimonial action without fair consideration
  • The age and health of the parties
  • The contributions and services of the party seeking temporary maintenance as a spouse, parent, wage earner and homemaker and to the career or career potential of the other party
  • The tax consequences to each party
  • Any other factor that the court shall expressly find to be just and proper.
  • The wasteful dissipation of marital property
  • The earning capacity of the parties
  • The reduced or lost earning capacity of the party seeking temporary maintenance as a result of having foregone or delayed education, training, employment or career opportunities during the marriage
  • The existence and duration of a pre-marital joint household or a pre-divorce separate household
  • The availability and cost of medical insurance for the parties
  • The care of children or stepchildren, elderly parents or in-laws that have inhibited or continues to inhibit a party’s earning capacity or ability to obtain meaningful employment
  • The standard of living of the parties during the marriage
  • The need of one party to incur education or training expenses
  • Marital property subject to distribution

Contact Our Office Today

If you’re involved in a divorce or separation and live in the Albany area, our office is here to help. Call the office or contact us via email today for a free and confidential consultation of your personal Spousal Support, Alimony, and Maintenance case. We at The Smelyansky Law Firm recognize the gravity the monetary allotment in your divorce proceeding hold, so take advantage of our experience, knowledge, and tenacity to negotiate a fair and reasonable settlement.