What Does a Matrimonial Law Attorney Do Regarding Spousal Maintenance Issues?

When couples choose to divorce, a substantial area of conflict frequently stems from one party’s desire to obtain spousal maintenance. This issue is equally important to both parties for very different reasons. Whether your divorce creates a need to be financially supported or you want to protect what you have worked so hard to earn, you need an experienced legal team on your side.

Certain situations raise questions as to whether a spousal maintenance award may be affected. When facing the reality of being on your own again, it is important that you understand what you may or may not be financially entitled to.

No matter which side of the argument you are on, you will have more favorable results with an experienced divorce advocate who knows how to craft an argument for or against spousal support.

What Types of Spousal Maintenance May Be Available?

Spousal maintenance is not a one-size-fits-all proposition. While it is possible that this form of financial support may be awarded for life, that is very rare: it is generally awarded for a specific period based on the length of the marriage, and other factors a court may consider. Below are the forms you or your spouse may be eligible to receive.

Temporary Spousal Maintenance

If spouses are in the middle of divorce, a spouse who earns less than his or her soon-to-be-ex may be eligible for temporary spousal maintenance, or spousal support, while the divorce case continues. A law was passed in 2010 that provides a formula and factors for courts to consider in calculating temporary spousal maintenance, with the same factors considered by the court as those determining spousal maintenance after a divorce. The divorce lawyers at Berkman Bottger Newman & Schein LLP can ably assist clients in temporary spousal support and post-divorce maintenance matters.

Post-divorce Spousal Maintenance

This award will be ongoing for an indefinite amount of time. It is possible that the paying spouse can seek a decrease, or the receiving spouse can request an increase based on financial need, even many years after a divorce.

Can Prenuptial Agreements or Postnuptial Agreements Affect Spousal Maintenance?

Prenuptial agreements, which are executed by both parties prior to marriage and postnuptial agreements, which are executed during your marriage, both operate to set rules for property division and other marital issues in the event of divorce or even if one spouse predeceases the other. These contracts can address spousal maintenance, although it is not required.

Parties can agree to limit the amount to be paid, or they can agree to eliminate post-divorce financial support entirely. An exception exists in that if the agreement will leave one party destitute and dependent upon the state for support, spousal support may still be awarded in the interest of public policy.

Every couple’s circumstances are different, making it possible that the terms agreed to under a prenuptial or postnuptial agreement may not be set in stone.

Will Adultery Damage My Claim for Spousal Maintenance?

Although some states consider adultery an automatic bar to an alimony award, cheating on a spouse is not typically a consideration when making a spousal maintenance award in New York. That said, if a spouse engaging in an extramarital relationship squanders marital assets on his or her love interest, the court may add that money or property back into the marital estate resulting in a larger portion of the marital property being awarded to the other spouse.