When you decide to seek spousal maintenance in a New York divorce, many aspects of you and your ex’s life fall under the microscope. Different factors determine if you receive spousal maintenance, and, if so, how much you might receive and for how long. According to...
Spousal Support
What does the court in New York consider for spousal support?
New York law states that spouses have the responsibility to take care of each other. Spousal support isn't just for divorced couples. Some married people go to court to obtain spousal support when their spouses aren't fulfilling their legal duties. In New York, the...
Know when spousal support payments might be suitable
Not many divorces come with an agreement about spousal support, but there are some instances when this is something that needs to happen. If you think that this is something that needs to happen in your divorce, we can look at the situation to see if the case meets...
Can my ex avoid making support payments by filing bankruptcy?
There are tens of billions of dollars in child support that are supposed to exchange hands each year here in New York and the rest of the United States. Custodial parents see far less than that from their exes though. Some estimates show that only half of all moms and...
16 Years of “Mere Silence” Eradicates A $ 53,312 Spousal Maintenance Obligation
In an interesting case titled Makris v. Makris, decided on January 8, 2020, a New York appellate Court has employed the waiver doctrine to retroactively vacate a former husband's $ 53,312 spousal maintenance obligation. The litigants were married with two...
Do spousal support and maintenance differ?
As you prepare for your divorce proceedings in New York, the issue of alimony will almost certainly come up. You may mention the word "alimony" only to hear terms such as "spousal support" or "spousal maintenance" in response. That is because many view both terms to...
Temporary versus permanent spousal maintenance
Spousal maintenance in New York is a complicated topic, and we at the law office of Roger G. Smith know that it may cause you a great deal of confusion. It is difficult to understand under the best circumstances, and further complicating matters, the terms and rules...
Will you need spousal support in your divorce?
When couples decide to divorce, it is natural to feel anxiety about what this new life stage will bring. For unemployed spouses or those who are not the primary breadwinner, there is another fear: What will you do to financially maintain your day-to-day life? That is...