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Brooklyn Spousal Maintenance Attorney

Nassau County Spousal Maintenance Lawyer

Spousal support is also known as maintenance and is determined based on a variety of different factors. Oftentimes, spousal support is temporary and ordered during pending divorces. Less common is permanent spousal maintenance, which is typically reserved for marriages that have lasted a long time. In either case, spousal support can have many different outcomes and it is very important to consult an experienced New York spousal maintenance lawyer for advice.

Contact Andrew A. Bokser by calling 718-834-1904, or emailing him at [email protected] for an initial consultation. Andrew A. Bokser has over 30 years of experience in divorce law and provides a level of personal service that many other firms cannot match. He is familiar with all Courts in the New York City Metropolitan area including Manhattan, Brooklyn, Queens, Bronx, Staten Island, Nassau and Suffolk.

Will Spousal Support Be a Part of Your Divorce?

Spousal support (known as maintenance in New York and referred to as alimony in other jurisdictions) is available on a temporary basis during a divorce in certain circumstances. It can also be awarded by a Court on a fixed or permanent basis at the conclusion of the marriage. In October 2010, New York State amended the law regarding spousal support in (DRL 236 § B(5-a)(e)(1), which included provisions for awarding temporary maintenance. Among the factors considered by a Court in awarding maintenance include:

  • The length of the marriage
  • The ability of the recipient spouse to support himself or herself
  • The assets each party will have after the divorce
  • The living expenses of both the payor and recipient spouse
  • The lifestyle enjoyed during marriage
  • Whether the recipient spouse gave up opportunities during the marriage
  • Who is taking care of the children

The Statute also set down a formula to be employed by the court. This formula can be rejected if the court finds the application of the formula leads to an unfair result. Either the husband or wife may be awarded spousal support based on the disparity between their assets and income. In most cases, support is considered rehabilitative, meaning that it is paid for a period of time to enable the lower-income spouse to become self-sufficient. Recent changes to New York divorce laws will impact spousal support. Having an experienced New York attorney on your side who can explain what the changes in the law may mean for your case is now more important than ever.

Tax Treatment of Spousal Support

Unlike child support, spousal support is taxable to the recipient and tax-deductible to the person paying the support. Depending on your financial circumstances, it may provide a tax advantage to provide spousal support in lieu of dividing other assets such as a 401(k) plan.

Call for an Initial Consultation at a Brooklyn Law Firm if you Need Assistance With Spousal Support

If you have an issue regarding spousal support, call our Brooklyn law firm at 718-834-1904 or e-mail Mr. Bokser at [email protected] for an initial consultation. Attorney Andrew A. Bokser can guide you through the process of determining spousal support in New York. With offices in Brooklyn and Garden City, he represents clients in family law cases throughout the New York City area, including Nassau and Suffolk counties.

Read a Spousal Maintenance letter from lawyer Andrew A. Bokser.

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