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Spousal support, otherwise known as a Maintenance Award, is a legal agreement to assist “the receiving spouse become financially independent after a divorce.” Whether you are on the giving or receiving end of spousal support, a spousal support lawyer can help you:
It’s important to note that spousal support is designed to assist one half of a marriage in regaining their independence. Spousal support is not necessarily a lifelong arrangement. In fact, there are specific times when spousal support will be terminated under the law:
If at all possible, having an end date for spousal support is ideal if you are the paying partner.
While it would be easy if there were a spousal support calculator, determining how much support must be provided is quite the task. First, there is the consideration of whether or not there was a prenuptial agreement. If there is none, than your spousal support lawyer must investigate your marriage from the beginning. Factors your spousal support lawyer needs to consider include:
Putting a price tag on each item isn’t that simple. And obtaining spousal support can be a long process.
If you feel that providing spousal support would be a financial burden for you, there are legal protections to ensure that neither spouse is made to pay support unfairly. For example, if during the process to calculate spousal support it’s discovered that your income alone is not enough to support the cost of living for two separate individuals, the court may rule that spousal support will not be awarded. Your NYC spousal support lawyer is the best person to help you navigate this issue and prevent you from paying for spousal support, should you not be able to afford it.
If you have dependent children, paying for child support is an entirely different legal issue from spousal support. The court may rule that you are required to pay or receive child support, but that doesn’t necessarily mean you will also receive spousal support. Spousal support has separate legal requirements and is a separate legal agreement. Finding a practice that specializes in divorce law and family law may help you keep the chaos to a minimum, but in regard to the court, you must file different proceedings.
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