You’ve grown accustomed to a certain way of life and the thought of having to hire an NYC divorce attorney is the last thing on your mind when you get married. But now, you and your spouse are considering a divorce, and things are about to get complex. Divorces can get messy as any divorce attorney NYC has on its roster will tell you.
When you got into marriage, you thought you were going to spend the rest of your lives together. You made plans to do so and even rearranged your own life. Now that divorce is imminent. Moreover, you need to figure out how to rearrange your life once again. Some divorcing spouses will require spousal maintenance because of the choices that were made as a couple throughout the marriage.
What is Spousal Maintenance?
Spousal maintenance is meant to help the receiving spouse become financially independent during and after a divorce. An NYC divorce attorney has seen many cases where one spouse does not work in order to stay home and care for the children or other reasons. The other spouse essentially maintains the finances of the household.
During a divorce, the spouse who does not work will feel lost and confused as to what to do to maintain themselves. This is where the establishment of spousal maintenance can take place with the help of what an NYC divorce attorney has on its roster.
Spousal Maintenance And Divorce
Maintenance ends when the receiving spouse is remarried, at the death of either spouse or on a specified date in the agreement which has either been determined by the court or the divorcing spouses. If there is an involvement of the court in making the determination for spousal maintenance, they will take into account several factors including:
- Whether one spouse does not have income or property to provide for their needs
- Whether the other spouse has enough income and property to provide for the needs of the receiving spouse
- The standard of living that was established throughout the marriage
Our NYC divorce attorney will tell you that maintenance is not always permanent. The granting of it can be temporary until a more concrete arrangement can be met. With the help of a divorce attorney in NYC, you will need to disclose pertinent information to the court regarding your financial records.
How is Spousal Maintenance Determined?
As any NYC divorce attorney will tell you, determining maintenance is a tedious process. There are nearly twenty factors that will be considered for calculating maintenance. Your NYC divorce attorney can help guide you through these factors and how they will affect you.
According to a divorce attorney, these factors include:
- Length of the marriage
- Age and health of the spouses
- Income and property
- Earning capacity, both present and future
- Education and training expenses
- Premarital cohabitation
- Where the children reside
- Lost or reduced lifetime earning capacity
- Inability to obtain employment due to age
- Tax consequences
This is not an exhaustive list and you should discuss your circumstances with a divorce attorney NYC has on its roster.
Can Spousal Maintenance be Changed? Brian D. Perskin & Associates P.C. Can Answer
The short answer is that spousal maintenance can be changed, but can only be done so during substantial changes in circumstances of another party.
If you’re not sure if said circumstances contribute to a spousal maintenance change, then make sure to get in touch with the professionals at Brian D. Perskin & Associates P.C.
Contact a NYC divorce attorney from Brian D. Perskin & Associates P.C. at (866) 938-3454 today.