Serving Long Island & New York

At The Saul Law Firm, we understand that navigating the complexities of spousal maintenance (alimony) can be one of the most challenging aspects of a divorce for couples on Long Island. The uncertainty of financial security post-divorce can stress an already tricky situation. That’s why we’re here. 

With in-depth knowledge of New York divorce law and a commitment to compassionate service, we can help you achieve a fair and sustainable financial future. Whether you’re seeking support or required to provide it, our team works tirelessly to protect your interests and guide you through every step. Contact our Garden City office for a consultation. 

Types of Spousal Maintenance in Nassau County

Understanding the types of spousal maintenance available is crucial for navigating your divorce proceedings:

  • Temporary Maintenance: This maintenance is awarded during the divorce process, providing financial support to the lower-earning spouse until the final divorce decree is issued. It helps ensure financial stability through the transitional period.
  • Post-Divorce Maintenance: Post-divorce maintenance may be granted after the divorce is finalized. This longer-term financial support considers the recipient’s needs and the payor’s ability to pay, as well as various statutory factors that the court will consider.

New York law provides these distinct types of maintenance to address the financial dynamics of divorcing couples. Recognizing what applies to your situation is critical to securing your financial future.

Factors Influencing Spousal Maintenance Decisions

When determining spousal maintenance in New York, courts consider various factors to ensure the decision is equitable for both parties, including:

  • The duration of the marriage
  • The age and health of both spouses
  • The present and future earning capacity of both spouses
  • The need for one party to incur education or training expenses to be self-supporting. Contributions to the career of the other spouse 
  • The ability of the party seeking maintenance to become self-supporting
  • Any wasteful dissipation of marital property by either spouse

These considerations help the court tailor maintenance decisions to the unique circumstances of each case. By evaluating the financial situation of both spouses in light of these factors, the court aims to achieve a balance that supports each party’s financial independence post-divorce.

Moreover, additional factors such as the presence of children from the marriage, the standard of living established during the marriage, and any contributions as a homemaker or to the other spouse’s career also play critical roles.

Ultimately, the goal is to facilitate a fair and just financial arrangement that allows both individuals to move forward independently.

Calculating Spousal Maintenance in Nassau County and in New York State:

Calculating spousal maintenance involves a state-specific formula, ensuring a fair and objective approach to determining financial support. This formula considers the income of both parties and applies percentages to calculate the maintenance amount. Key elements include:

  • The parties combined income up to a cap set by statute, with adjustments made for child support payments.
  • A lower percentage of the higher-earning spouse’s income minus a higher percentage of the lower-earning spouse’s income.

The exact figures and percentages can vary, and the court can consider additional factors for income above the cap. This method aims to strike a balance between the recipient’s financial needs and the payor’s ability to provide support.

While this formula provides a starting point, courts can adjust the final amount based on living standards during the marriage and future earning capacities. The process ensures the maintenance awarded reflects both parties’ financial realities and the unique characteristics of the marriage.

Modifying Spousal Maintenance

Spousal maintenance orders in Nassau County can be modified under certain circumstances. 

To modify a maintenance order issued after a trial or hearing, the requesting party must demonstrate that a substantial change in circumstances has occurred since the original order was established. Modifications can be sought due to the following:

  • Significant changes in either party’s income
  • Loss of employment
  • Health issues

However, if Stipulations of Settlement have been signed wherein maintenance was agreed upon, you need the advice of legal counsel to determine if you can meet the burden to modify the maintenance you had agreed to. 

 Courts carefully consider modification requests to ensure changes in maintenance are justified. 

How Our Firm Can Help

At The Saul Law Firm, we bring experience and empathy. We understand that issues like spousal maintenance touch on financial stability and personal well-being. Our seasoned attorneys navigate the complexities of New York’s spousal maintenance laws carefully, advocating for your rights and interests. 

We strive to secure an equitable maintenance arrangement that reflects your current and future needs and minimizes emotional and financial stress in divorce proceedings.

With a keen eye for detail and a commitment to personalized service, we guide you through every step of the maintenance process, from initial calculations to potential modifications

By working with our firm, you’re gaining a partner dedicated to protecting your financial future and helping you confidently move forward.

Talk To A New York & Long Island Spousal Support Lawyer Today

If you’re facing the complexities of spousal maintenance, The Saul Law Firm offers you the support, guidance, and expertise you need to secure a fair and just financial outcome. Contact us today to schedule a consultation and take the first step toward achieving your desired maintenance agreement.

The Saul Law Firm, LLP helps clients throughout Garden City, Nassau County, Suffolk County, Long Island, Queens, Brooklyn, New York City, the Bronx, Staten Island, and Westchester County.