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
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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!