To our valued clients:
Please be assured that we are prepared to fully operate remotely and continue handling your legal needs during this time. If you are a current or new client, please call our office at (518) 374-8494 and someone will return your call as soon as possible.

Around-the-Clock Availability
Free Consultations 518.299.0314
Serving the Capital Region Since 1948 Outstanding and Experienced Legal Representation

Schenectady Spousal Maintenance Attorney

Negotiating for the Maintenance You Deserve

Divorce can take a toll on both spouses emotionally, mentally and financially. But if you are divorced or going through a divorce, you are entitled to financial support if you earn lower wages, have fewer assets, share custody of a child or children or have other limitations that prevent you from being financially independent.

This type of support is called maintenance in New York. It’s important to file for spousal maintenance so you can enjoy the financial security needed to support your lifestyle. Many times, one spouse earns more than another, so a divorce can leave the lesser-earning spouse with little to nothing. Thankfully, the law protects lesser-earning spouses by granting them spousal maintenance.

To successfully file for spousal maintenance and obtain the financial support you need, you must retain an experienced lawyer with strong advocacy and negotiating skills to increase your chances of receiving substantial maintenance. Our Schenectady spousal maintenance attorney has these qualities and more.

Get started on your case by contacting us at (518) 299-0314. We are available 24/7 and offer free consultations.

Determining Maintenance in NY

It’s not enough to be earning fewer wages than your ex-spouse in maintenance cases. A New York Supreme Court justice will examine the following elements when determining if you qualify for spousal maintenance:

  • the standard of living during your marriage
  • whether or not your ex-spouse has enough property and income to provide for your reasonable needs

Maintenance ends when one spouse dies, but temporary maintenance may be given while a case is pending. New York family court cases are often backlogged by weeks and even months, therefore temporary spousal maintenance may be appropriate. Our maintenance lawyer can help you decide which route you want to pursue.

To prepare for a spousal maintenance application, both spouses must disclose their financial statements including:

  • Latest income tax return statements
  • W-2 Statements
  • Pay stubs
  • 1099's
  • Other documentation of income and deductions
  • If there are children under 21:
    • Receipts for the cost of their health insurance premiums
    • Childcare costs
    • Educational costs

The NYC Bar identifies 20 elements for consideration when calculating the amount and duration of the temporary spousal maintenance you are owed. They include, but aren’t limited to:

  • Income and property
  • Length of the marriage
  • Age and health of both parties
  • Present and future earning capacity of both parties
  • Need for one party to incur education or training expenses
  • Acts that have inhibited or continue to inhibit a spouse’s earning capacity or ability to obtain meaningful employment
  • The ability of the spouse seeking maintenance to become self-supporting and, how long any training might take
  • Where the children live
  • The inability of one spouse to obtain meaningful employment due to age or absence from the workforce
  • Equitable distribution of marital property
  • Contributions and services of the spouse seeking maintenance as a spouse, parent, wage earner and homemaker, and to the career or career potential of the other party
  • Loss of health insurance benefits upon dissolution of the marriage

We Can Help You Secure Fair Maintenance

As you can see, countless factors are considered when deciding if you are eligible for maintenance and how much. To best maximize the amount of maintenance you receive, enlist the help of a qualified and experienced spousal maintenance attorney at DeLorenzo, Grasso & Dalmata, LLP. We can guide you through the complex family court processes and provide the clarity you need to make the best decision for you and your children.

At our firm, we work tirelessly to champion your best interests. To arrange a free consultation, contact us online or call (518) 299-0314 today!

The Benefits of Having Our Team in Your Corner

  • Experience

    Collectively, we've been practicing law for over 150 years and have been named among the most experienced law firms in the Capital Region Business Review.

  • Trial Lawyers

    We've had extensive trial experience with all types of personal injury cases, recovering millions for our clients in both settlements and verdicts.

  • Peer Recognition

    Other attorneys come to us for counsel, as we teach numerous seminars and conferences each year.

  • 24/7 Availability

    We are wholly dedicated to our clients' needs, offering availability 24/7 to take care of any legal matters.