Will There Be Spousal Support?
Negotiation or Litigation of Spousal Maintenance in Your Divorce
As a divorce lawyer for 19 years, I provide experienced counsel to protect your financial interests in seeking or challenging spousal support, which is also known as alimony.
The only way to truly control the outcome is an out-of-court agreement. If the court is likely to grant spousal support in your divorce case, I can advise on whether to negotiate directly with your spouse or place your fate in the hands of a judge.
Practicing as a solo attorney since 1992 in Williamsville, New York, I represent men and women of Amherst, Clarence and the Greater Buffalo area. For a free, discreet consultation, call Keith B. Schulefand, Esq., at 716-632-5919. I also handle modification, termination and enforcement issues.
Qualifying for Spousal Maintenance
I can't predict exactly how a court would rule because judges have considerable latitude in these matters, but my experience has given me a pretty good idea about these matters. If decided by the court, the primary considerations are:
- Length of the marriage
- Age, health and any special needs
- Disparity in incomes
- Earning capacities/employment skills
- Accustomed standards of living
- Child-rearing or homemaking (did one spouse put a career on hold?)
Unlike property distribution, the conduct of a spouse and the grounds for divorce may be considered in determining spousal support. Either men or women can be awarded alimony.
Temporary Support and Ongoing Maintenance
The amount of maintenance is most closely tied to the incomes of each party and his or her financial independence. The court may award temporary support while a divorce is pending. In the final property division and separation agreement, the court may continue maintenance as:
- Permanent support until the recipient's death, remarriage or cohabitation. This is more common in marriages of 15, 20 or more years.
- Rehabilitative support for a finite period (usually one to three years) so the spouse can return to school or establish a self-supporting income or career.
The skill of your lawyer in negotiating or arguing your case in court can make all the difference. Arrange a free initial consultation at 716-632-5919.
