Maintenance Lawyer Serving Nassau County & Long Island

In New York State, alimony (support of one spouse by the other spouse) is called maintenance and/or spousal support. A party does not need to commence a divorce action to receive maintenance. If a divorce action is pending, either party can make an application for temporary or permanent maintenance. If a divorce action is not pending, either party can make an application for spousal support. Understanding whether you may need to pay or may be eligible to receive maintenance is an important part of any divorce or separation. With our experience in handling contested and uncontested divorce in Suffolk County and Nassau County, our firm can offer you the guidance you need. By consulting with a Suffolk County divorce attorney you can find out what to expect and what to do next.

Determining Maintenance (Alimony) in a Divorce

The law for alimony/maintenance and spousal support is gender neutral; either spouse can make an application for maintenance.

In determining whether a party is entitled to maintenance or spousal support the court makes an initial determination regarding entitlement, and if the party is entitled, the court the makes a determination as to the amount of maintenance and the term of maintenance (how long the payor spouse will have to pay maintenance). Maintenance terminates upon the term ending, the re-marriage of the recipient spouse, or upon application to the court upon sufficient grounds, as set forth below.

When the court makes the initial determination regarding entitlement to maintenance, the court looks at the needs of the recipient spouse and the income and ability of the payor spouse to pay the award. The standard for maintenance used to focus much more succinctly on maintaining the pre-separation standard of living; now it is much more a needs-based program and it the amount and term are usually set to allow the recipient spouse to become self-supporting.

The courts look to grant maintenance to the recipient spouse so as to allow the recipient spouse to become self supporting .

Maintenance is different from child support because there is no set statutory formula for the court to follow to calculate the amount of maintenance or the term of the award. When making a determination regarding maintenance, the court will look at a number of factors, including the length of the marriage, the age and health of each spouse, the income and property of each spouse, the earning capacity of each spouse, contributions to the marriage and education of the other spouse, and more. All of these factors may influence the Court's decision regarding alimony.

An application for maintenance requires competent proof of the statutory factors; strong legal representation by knowledgeable counsel is indispensable.

Modifying Maintenance Payments in Suffolk County and Nassau County, NY

Either party can make an application to receive an upward or downward modification of maintenance or terminate the maintenance obligation. As set forth above, remarriage of the recipient spouse is grounds for termination of the maintenance obligation. To modify a maintenance award by either increasing or decreasing the amount due the moving party must make a showing of the recipient's inability to be self-supporting or a substantial change in circumstances, and possibly a showing of extreme hardship. The standard is very difficult to satisfy and a strong application drafted and proven by competent counsel is critically important.

Applications for modification of maintenance are very difficult to win and require substantial proof and legal skill to satisfy the heavy burden imposed by the courts.

If you are contemplating making an application for maintenance, alimony or spousal support, or if you have received a letter from an attorney or a summons for maintenance, alimony or spousal support, you should consult with experienced matrimonial attorneys without delay so you can determine and protect your legal rights. Only with proper legal counsel can you be sure that your interests and financial concerns will be protected.

Contact a Suffolk County Maintenance Lawyer at the Law Offices of Paul A. Boronow, P.C. today to discuss your case. We help clients throughout Nassau County, Suffolk County and the surrounding areas. Call us at 516-227-5353.