Spousal Support

Spousal Support and Alimony in Your NY Uncontested Divorce

Our New York State uncontested divorce lawyers and attorneys know how to resolve any alimony and spousal support issues when dealing with your NY uncontested divorce. Technically, New York did away with alimony in 1980. Nonetheless, unless you execute an uncontested divorce, a Westchester County divorce or family court judge can issue an order of spousal support or spousal maintenance. Although it will be unlike Alimony because it is not for life, it can be for a very lengthy period of time.

By allowing our White Plains uncontested divorce lawyers to represent you, you can negotiate any temporary support instead of leaving it in the hands of a stranger, i.e., the judge. When a judge orders support, the results can be random and arbitrary. The courts consider a number of factors in determining whether to order spousal support and for how long. Some of the factors that a NY divorce court considers when awarding spousal support or maintenance are:

  • Length of the marriage
  • Age and health of the spouses
  • Children of the marriage and where they are living
  • Exceptional additional expenses for the children.
  • The ability of the spouse seeking maintenance to become self-supporting
  • Reasonable periods and time for job training required
  • Distribution of marital property
  • Length of the marriage
  • Earning capacity, both present and future, of the spouses
  • Potential loss of lifetime earning capacity because of the marriage
  • Tax consequences

Another reason you want to file your divorce uncontested is because in a contested situation a New York divorce can order that one spouse pay another temporary spousal maintenance or spousal support while the divorce case continues. Doing a divorce uncontested gives you 2 advantages:

You can negotiate for how much support you are going to pay; and Because uncontested divorces are not bitterly fought, it takes a lot less time and therefore less temporary maintenance is paid.

Other Elements of Support in an Uncontested Divorce

When one party owns a business that commenced or grew after the marriage, the other spouse has an equitable interest in the value of the business and future earnings. When a divorce is contested, time and money is expended on experts such as economists, business valuators, forensic accountants and other independent professionals. The expense in this undertaking often exhausts any economic upside. When the parties execute on an uncontested divorce however, they can negotiate what they feel is a fair split of the business, reduce it to writing, and move on with their lives.

We realize that divorce is confusing and inherently uncertain and that you may have more questions. If that is the case then please, pick up the phone and give us a call. We’d be happy to discuss with you any questions you may have.

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