Spousal Maintenance Attorney in New York

Westchester Divorce and Family Law Attorneys Defending Your Finances

Spousal support, or maintenance, refers to payments made by the spouse with higher earnings to the spouse with lower earnings. It is intended to help the lower-earning spouse maintain the standard of living both individuals enjoyed during the marriage.

The Westchester Family Court may order spousal support to a married individual by filing a petition against their spouse. In a divorce action or in accordance with a separation agreement, the New York Courts will consider spousal support.

Spousal support can be ordered for a limited number of years or, in some instances, for an indefinite period of time.

Call a dedicated spousal maintenance attorney in Westchester County now for a free initial consultation. Our firm is 24/7 available. Call us at (914) 712-6878 or reach out online now.

What is Spousal Maintenance

At times, clients wonder whether there are variations in terminology, such as "spousal support" and "alimony." In New York, although "maintenance" is the legal term most often used, "alimony" is still commonly referenced by clients and attorneys. 

New York law separates maintenance into two distinct awards: Temporary (paid while the divorce is pending) and Post-Divorce (paid after the final judgment). Both awards utilize statutory formulas and are calculated based on the income of the Payor (higher earner) up to a statutory cap, currently $228,000 per annum.

It is important to understand that the rules and calculations for maintenance are set by New York's Domestic Relations Law, and each situation is reviewed according to the specific facts of the case. If you are searching for an alimony lawyer Westchester County residents trust, understanding these distinctions can help you make informed choices when pursuing support or negotiating terms as part of your divorce or separation.

The Statutory Formula (DRL § 236)

The court is required to use a specific mathematical formula to determine the presumptively correct amount of maintenance. The calculation depends on whether the Payor is also paying child support.

• No Child Support
  • Result 1: 30% of the Payor's Income minus 20% of the Payee's Income. 
  • Result 2: 40% of the Combined Income minus the Payee's Income.
• Child Support Paid
  • Result 1: 20% of the Payor's Income minus 25% of the Payee's Income. 
  • Result 2: 40% of the Combined Income minus the Payee's Income.

This formula is only the starting point. Our firm specializes in arguing that the income cap is too low for the established standard of living or that the resulting amount is unjust or inappropriate, justifying a deviation from the guidelines. This complex financial advocacy distinguishes a top alimony attorney in Westchester County.

Key Factors That Override the Spousal Maintenance Formula Under NY Law

The factors that Courts consider in determining spousal support are set forth in the New York Domestic Relations Law and include:

• The parties’ standard of living.
• The income and property of the parties, including marital assets awarded during equitable distribution.
• The duration of the marriage and the age, and the health of the parties.
• The present and future earning capacity of both parties.
• The ability of the party seeking maintenance to become self-supporting, including the time and training necessary.
• The presence of child custody in the marriage.
• The tax consequences to each party.
• The contributions of the party seeking maintenance as a spouse, parent, wage earner, or homemaker and to the career or career potential of the other party.
• The wasteful dissipation of marital property by either spouse.
• Any transfer or encumbrance made in contemplation of a divorce.
• Any other factor that the court expressly finds just and proper.

Temporary maintenance may also be awarded during the pendency of the divorce action and proceedings.

How Long Does Spousal Support Last in Westchester County

Understanding how long spousal support or maintenance might last is an important part of preparing for your financial future after divorce or separation. In Westchester County, the court will follow the guidelines under New York law, but also has discretion to adjust the length of support based on specific circumstances. 

The duration often depends on the length of the marriage and the ability of the recipient to become self-supporting, though other unique factors may also be considered:

• Marriage length: 0–15 years
  • Advisory duration: 15% to 30% of the length of the marriage
• Marriage length: More than 15–20 years
  • Advisory duration: 30% to 40% of the length of the marriage
• Marriage length: More than 20 years
  • Advisory duration: 35% to 50% of the length of the marriage

Each case will be evaluated on its merits, meaning there is no set formula that fits every family’s situation. For example, shorter marriages may result in limited-term support, while longer marriages can sometimes lead to extended or even permanent orders. 

Being proactive and working closely with an experienced alimony attorney in Westchester County can help ensure your interests are represented, especially if you anticipate complex or disputed issues regarding support length. Judges in Westchester County Supreme Court may look at elements such as career interruptions, health concerns, and ongoing caregiving responsibilities when issuing their decision.

The Westchester County Court Process for Spousal Maintenance

The journey to securing a final spousal maintenance order in Westchester County involves meticulous financial preparation, often spanning the temporary and post-divorce phases.

• Temporary Maintenance (Pendente Lite): Immediately upon filing for divorce, the lower-earning spouse can move the court for a temporary maintenance order. We quickly calculate the presumptive formula amount and argue for any justifiable deviation, ensuring financial stability during the divorce process.
• Compulsory Financial Disclosure: Both parties must provide complete and detailed financial records, including a Sworn Statement of Net Worth, tax returns, bank records, and business valuations. We utilize our combined 5 decades of practice to uncover hidden income or aggressively challenge the valuation of complex assets, ensuring the formula is based on accurate figures.
• Negotiation & Mediation: We leverage the advisory formula and duration schedule as negotiating tools. A voluntary settlement offers both parties greater flexibility on terms than a judge can impose, allowing us to secure creative solutions regarding lump-sum buyouts or the tax consequences of payments.
• Trial (When Necessary): If negotiation fails, we present a rigorous case to the judge, focusing on the 15 factors for deviation and duration. The quality of advocacy on these discretionary factors will ultimately determine the amount of maintenance above the cap and the duration of payments.

Contact Our Spousal Support Lawyers in Westchester County to Handle Your Divorce & Family Law Matters

Since every situation is unique, we realize that part of our role is to help you understand the many issues and concepts involved when one spouse files for spousal support as part of a divorce or in Family Court. At Riebling & Payton, PLLC, we pride ourselves on doing this for our many divorce and family law clients. With offices located in White Plains, NY and Mount Kisco, NY, we are prepared to meet with clients throughout Westchester County.

If you have questions about maintenance or alimony as part of your divorce, our team is ready to review your circumstances and offer a tailored approach. As a spousal support attorney Westchester County can count on, we are familiar with the procedures and expectations at the local Family Courts, including those in White Plains and Yonkers.

Contact us online or call (914) 712-6878 to schedule your free initial divorce consultation.