Will I Be Awarded Spousal Support After My Divorce?

Will I Be Awarded Spousal Support After My Divorce?

Temporary spousal support is awarded by agreement or at the discretion of the judge to permit the non monied spouse to either defend or prosecute the divorce litigation. Our divorce attorneys in Garden City NY can petition the court for temporary alimony prior to the dissolution of your marriage. The interim order can give you and your children much needed support prior to the distribution of your marital assets and liabilities, and level the playing field.  Either party may be awarded attorneys fees when applying for an interim order.

Divorce is time to plan your future. All the property you acquired while you two were married has to be inventoried and equitably distributed. Equitable means fair not exactly equal. Marital assets and debts will be allocated to you or your spouse. The duration of your marriage is a major factor in the distribution of your assets. Although the amount  of alimony you can receive is based on numerous factors, such as the income of the parties, the duration depends upon the length of the marriage.

Permanent Alimony 

Permanent alimony has become more difficult to obtain.  Courts are becoming more sensitive to the right s of the monied spouse to be able to retire upon reaching social security age.  The amount of permanent alimony/maintenance is calculated based upon a combined income of no more than $184,000.00 per year.  Although the law is helpful in advising clients with incomes within the guidelines, it is more difficult to guide those in the higher tax brackets, since the guidelines do not apply to them.  In addition, since January 1, 2019, alimony on a Federal level, is no longer tax deductible to the payor spouse.  We have yet to see how this will affect support awards.   

Call or contact our Martindale AV Preeminent family law attorneys for an initial consultation if you’re in the process of divorce in Long Island, Nassau or Suffolk County, New York. Fass & Greenberg, LLP divorce attorneys in Garden City, New York, devote their entire practice to matrimonial and family law. Our attorneys limit their caseload to give you their undivided attention.

Few matters are as important as being able to see your children. Unfortunately, visitation can be a difficult topic to broach and an even harder process to undertake on your own.  If you are concerned about being able to see your children, it’s always important to speak to an experienced attorney. Below are a few things that you need to be aware of in the process.

Equal Footing

Perhaps the most important reason to work with an attorney when it comes to visitation is that doing so puts you on equal footing with the other party. Whether or not the other person has representation is irrelevant – having your own attorney gives you access to the same tools that the other party could access at any time. If you choose to work without an attorney, you may be choosing to put yourself at a disadvantage. 

Professional Knowledge

A good attorney is also a fantastic resource in terms of professional knowledge. He or she will provide access to actual legal resources; giving you a chance to make your choices based on reality rather than just on your assumptions and/or emotions.  Many people have very specific thoughts about visitation, some of which are based more on hearsay and media portrayals than the reality of the law. If you want to know what you can realistically expect from your visitation agreement, you need the help of someone who can understand your unique situation, and apply the law to it.

If you are concerned about your visitation rights or you feel like you need professional advice, make sure to speak to an attorney. Visitation is too important a process for you to undertake on your own, so always make sure that you have the help of an attorney who is skilled in family law. When you’re ready to get the help you deserve, make sure to contact the Garden City NY family lawyers at Fass & Greenberg.

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Lawyers for Divorce, Separation, Child Custody, Support, Property | Attorneys Primarily Serving Nassau & Suffolk Counties, Long Island, New York
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