Helping Clients Resolve Spousal Support Concerns

When you decide to end your marriage, your financial situation will likely be among your most pressing concerns. In particular, you might wonder if you or your spouse will be ordered to pay alimony. The reality is that you won’t know for sure until your divorce case goes to the local courts, so it’s recommended that you hire a skilled family law attorney to advocate for you throughout your case.

At the Law Offices of David Bliven, we have decades of experience helping clients get the best possible results on family law matters, including property division, child custody, and alimony. We understand the impact these issues have on your life, so you can trust us to work hard on your case while keeping your best interests in mind. Call our White Plains office today to speak to a caring family law attorney about spousal support and other legal matters related to your divorce case.

What Is Alimony?

Some divorces in New York involve alimony, which is money that one spouse may be ordered to pay the other spouse to help cover living expenses during or after the divorce. Also often referred to as spousal support or maintenance, this type of court order is typically issued when one spouse earns little or no income and would therefore be unable to pay their bills without the other spouse’s financial assistance.

A Family Court or Supreme Court Judge may issue a court order for alimony during the divorce process, after it, or both. This depends on specific details, including the financial situation of each spouse and the length of the marriage.

If you’re having trouble paying your bills during divorce and need some time to find a job, start collecting child support, or get your share of the marital property, your divorce attorney can ask the court to request temporary maintenance for you. If the request is approved, you can expect to receive regular payments until the divorce is final.

In some cases, the lower-earning spouse may struggle to pay their bills even after the divorce is final, which is where post-divorce maintenance comes into play. This may be paid for a specific number of years or indefinitely, depending on how long it takes for you to afford your bills. A skilled Westchester County divorce attorney can tell you which kind of support you may be entitled to and how long it will last, so call our law firm today to start your case.

What Factors Will Affect Your New York Alimony Case?

Before issuing a court order, most courts will carefully review several details surrounding your case. Generally, the goal is to ensure a fair outcome for both parties. For this reason, the courts typically consider the following factors before deciding on spousal support:

• Each spouse’s current income
• Each spouse’s potential future income, called the earning capacity
• The length of the marriage
• The standard of living established during the marriage
• Each spouse’s age, health, and disabilities
• Each spouse’s contributions to the household, bank account, or each other’s education and career development
• Any prenuptial or postnuptial agreements
• The tax consequences of spousal support payments
• The education, job skills, and work experience of the spousal support recipient

Once the courts have these details, they can plug them into a specific formula to determine which spouse requires financial support, how long it will be needed, and what the payment amount should be. Note that the duration of spousal support is most heavily influenced by the length of the marriage, with marriages lasting longer than 20 years typically resulting in several years of spousal support payments (indeed, generally 35-50% of the length of the marriage).

If you’re unsure if you’ll be awarded alimony or will be expected to make payments to your spouse, it’s time to talk to a knowledgeable divorce attorney about your family law issues. Our team can provide the legal advice you need during your court case, so call our Westchester County firm today to schedule a consultation with a caring New York attorney.

What If You Need to Modify the Court Order for Spousal Support?

If you need to reduce or increase the amount of spousal support you were ordered to pay or receive, you should speak with your divorce attorney to find out what steps to follow for your case. Fortunately, it’s typically possible to modify the amount you pay or receive as long as you can prove to the courts that there is a need for the modification.

More specifically, you’ll need to prove that there has been a substantial change in your financial circumstances since the original court order was issued – and unless your divorce agreement provides otherwise, the change must pose an “undue financial burden.” Some examples of substantial changes include:

• A significant increase or reduction in income due to career advancement or job loss
• A disability or health issue that significantly affects income
• Retirement of one spouse
• Remarriage or cohabitation of one party

In some cases, it may be possible to increase, decrease, or terminate payments if the spouse receiving support has become self-supporting or the paying spouse can no longer afford to send payments. If either is true of your situation, you should reach out to Westchester County divorce lawyers for help modifying the court order.

Keep in mind that stopping or reducing payments on your own could lead to enforcement actions from the court, so do not make any changes to the payments until you’ve consulted with your family law lawyer about your case. If you have questions about modifying support or are ready to prove your case in court, call our New York family law firm today to get started.

How Can a White Plains Alimony Attorney Assist You?

Having a trusted Westchester County family law lawyer by your side can make all the difference in your case. That’s why we encourage you to contact the Law Offices of David Bliven for help with your family law matters. If you have questions about spousal support, child custody, child support, or property division, you can expect prompt answers from a New York attorney who puts your best interests first.

We understand how difficult divorce can be, especially when you’re worried about the effect it will have on your finances. Experienced family law lawyers can provide some peace of mind by letting you know what to expect when it comes to spousal support and other family law issues. Whether you expect to be paying or receiving financial support after divorce, you can count on our New York family law firm to provide the legal guidance you deserve throughout your case, from filing the legal paperwork to litigation in the courtroom.

If you’re ready to learn more about the legal services we offer our clients during and after divorce, call our New York law firm at 917-938-7827 for a consultation with a committed White Plains alimony lawyer. Our compassionate and honest team will prioritize your best interests while addressing important family law matters, including spousal support, custody, and more.