Rochester Contested Alimony and Spousal Support Disputes Attorney

Rochester Contested Alimony and Spousal Support Disputes Lawyer

Facing a divorce in New York can be a confusing and frustrating time. Not only does it signal the end of a relationship that you have invested your time and energy into, but it leaves a lot of uncertainties about moving forward. While the hope is that couples are able to work amicably through the details of their divorce, often, the process becomes contentious, leading to significant disputes between both parties. This can be particularly true in cases where one party is seeking spousal maintenance from the other.

Whether you are facing the possibility of divorce or you already have a divorce agreement in place that you feel needs to be modified, the Family Law team at Trotto Law Firm, P.C. has the skill and experience to help you navigate these difficult situations. Our team is focused on providing our clients with the individualized support that their case deserves. From contested divorces to disputes over settlements, our team is ready to help.

Contested vs. Uncontested Divorce

In New York, those couples who are seeking a divorce can do so through a contested or uncontested process. In an uncontested divorce, the couple is able to reach all necessary agreements for their divorce, including division of assets, child custody and support, and spousal maintenance. Unfortunately, not all divorces are able to settle on common terms. When spouses cannot agree, the divorce becomes contested, and the timeline to settle the case is exponentially extended.

When a divorce is contested in Rochester, NY, the settlement is left to a judge to settle the terms. This can cause many disputes as one party may feel the judgment is unfair. This happens in particular with spousal maintenance, the term used most frequently in New York to represent spousal support or alimony.

Calculating Spousal Maintenance

Determining spousal maintenance payments is more than just determining which spouse makes more money than the other. In addition to income, the settlement will take into account other issues of a divorce settlement, such as child custody, child support, medical expenses, and asset division.

If you are in a contested divorce, then you will want to work with your attorney to paint a clear picture of your assets and financial responsibilities. Providing this evidence is critical whether you are the spouse seeking maintenance payments or you are hoping to avoid payments.

Determining how long spousal maintenance payments are made is determined by how long the marriage lasted. Generally speaking, the longer the marriage lasts, the longer payments will need to be made. Marriages lasting less than 15 years could have spousal maintenance awarded for up to 30% of the marriage time, marriages lasting up to 20 years could see payments for up to 40% of the time, and marriages longer than 20 years could see payments for up to 50% of the time.

Disputing Spousal Maintenance Payments

Regardless of whether you are receiving payments or you are making payments, if you are currently under a court order requiring them, then you may find a situation arise where modifications need to be made. Decisions about spousal maintenance are made based on the circumstances at the time of the divorce. However, these can change, including incomes, jobs, and even medical emergencies. Each of these factors could mean there needs to be an increase in payment or a reduction in payment.

Disputing post-divorce maintenance orders must be done through a court. One spouse may not take it upon themselves to make changes based on their own circumstances or assumptions about their former spouse’s circumstances. Working with your family law attorney, you can file a petition to have modifications made based on financial evidence.

FAQs About Rochester Contested Alimony and Spousal Support Laws

What Is the Average Alimony Payment in the US?

While the circumstances of each divorce are unique to the couple involved, the average alimony payment in the US is around 40% of the income of the spouse ordered to pay. However, each state also has its own circumstances that must be taken into consideration. Your attorney can help you determine what payments may look like in your case.

Does NY Have Lifetime Alimony?

For many years, New York allowed the awarding of permanent alimony payments. However, recent changes in the law have modified this to be a percentage of the length of the marriage. Depending on how long the marriage lasted, payments could last 15 – 50% of the duration. However, a judge may award payments outside the guidelines provided but must submit in writing their reasoning for the changes.

How Many Years Do You Have To Be Married To Get Alimony in NY?

New York allows any length of marriage to receive alimony payments; however, the longer the marriage, the more likely you are to receive payments or be forced to pay. If the marriage lasts 0-15 years, an award of alimony could be granted for 15% to 30% of that time. This would mean a marriage lasting ten years could incur alimony payments lasting one and a half to three years.

Can Alimony Be Reduced in NY?

Modifications can be made to standing court orders for alimony payments if there is a substantial change in circumstances, a minimum of three years has passed since the order was put in effect or last modified, or there is a minimum of 15% change in either spouse’s income. These modifications must be approved in court.

Rochester, NY Alimony Lawyer

Spousal maintenance payments can be a contentious part of any divorce settlement. While one spouse may require it to help them get back on their feet after a divorce, the other spouse may feel it unfair or unwarranted that they should have to provide for that transition time. No matter which side of the alimony dispute you are on, you should receive legal help and guidance to navigate the contentious process. At the Trotto Law Firm, P.C., our Family Law attorneys have the skills and experience to help support and compassionately represent you throughout the litigation. From divorce to spousal maintenance modifications, contact our attorneys today. We’ll help protect your rights while working towards the outcome you desire.