Rochester Spousal Support Lawyer

Rochester Spousal Support Attorney

Family law is a very delicate branch of legal proceedings, and every case must be handled with care. Child support, property division, and custody decisions are all key topics covered by family law, and navigating these legal fields can be stressful for all involved. When it comes to spousal maintenance orders, finding a legal team able to provide the necessary legal support to help you manage your payment system is the most important part of the litigation process for these matters. For those in the Rochester area, the skilled team of spousal maintenance lawyers at Trotto Law Firm, P.C. can help you reach a settlement that helps you rebuild after your divorce.

What Is Spousal Maintenance in Rochester, NY ?

In divorce proceedings, guaranteeing your financial stability after splitting your pooled assets can be nerve-wracking, especially if your partner has a higher-paying job or a higher portion of your pooled assets. In these scenarios, spousal maintenance payment plans can help provide support as you rebuild your finances after a divorce. Spousal maintenance is a court-appointed payment system that requires one party, typically the wealthier of the two, to pay the other after the divorce is finalized. Depending on outstanding factors outlined in your divorce settlement, like property division or child support, these payments can vary in value from case to case.

If you and your spouse are both employed but you make significantly less than them, the gap in your income can be supplemented by monthly spousal support payments. In New York, the process of determining spousal maintenance payments starts with finding the difference between your and your spouse’s yearly income. From there, attributes like age, outlying financial responsibilities, and custodial parenting duties are factored into each party’s financial standing, which all get considered in creating a final payment plan.

What Factors Impact Spousal Maintenance Payments in a Divorce?

Spousal maintenance payments are heavily reliant on the financial aspects of a divorce. Between income and child support, the payments made in a spousal maintenance payment plan rely on the establishment of financial stability for both parties. For example, if your spouse makes significantly less than you do, your annual salaries are compared and evaluated to find a fair payment plan that helps restore some of that financial security they lost in your divorce. Some of the biggest aspects of a divorce that can impact spousal maintenance plans include:

• Income: As previously mentioned, income disparity is the biggest factor considered when establishing spousal maintenance payments. If you make less than your spouse, your yearly salary is evaluated alongside theirs, and depending on other attributes of your divorce, adequate monthly payments are established by the court. In a spousal maintenance payment plan, the spouse with the higher financial income or standing is always made to pay the lower-earning spouse, with the goal of these payments to restore a sense of financial well-being in the lower-earning party.
• Child custody and child support payments: Depending on the amount of money offered by child support payments, the support provided by spousal maintenance fees can be crucial for your financial stability. Similar to income, when it comes to child custody and support, the amount of money needed for these payments is factored into your spousal maintenance payment plan. As the parent receives spousal maintenance, child support will be tacked onto these monthly payments as an additional network of support as separate payments.
• Child education expenses: For those with children attending tuition-based school programs, the payments made towards tuition can be factored into spousal maintenance orders. Either by full tuition payments or student loans, child education-related expenses can be factored into your spousal maintenance plans as an existing charge. For example, if you and your spouse have a child in college, and you have agreed to cover their tuition, this financial responsibility can be factored into the decisions regarding your monthly spousal maintenance payments as a larger, necessary expense.
• Medical-related expenses: Paying for medical coverage, especially for chronic and lifelong conditions, is a massive financial burden that heavily impacts your annual income. Medical bills, doctor’s visits, and prescriptions are all necessary for maintaining your health, and without the necessary financial stability, paying for these items can be difficult. Taking these payments into account is part of the decision process regarding spousal maintenance payments, and as a necessary, unavoidable fee, the financial repercussions of these payments can increase your spousal maintenance payments.
• Property allotments: New York State is an equitable distribution state, meaning that the division of marital assets is fair and equal between both parties. Depending on the value of the property, as well as the party awarded these assets, the financial impact of these items can contribute to an increased or decreased overall income. In exchange for lowered spousal maintenance payments, the assets accumulated during a divorce may be used as a replacement for monthly payments, with the value of these pieces replacing the monetary support of monthly maintenance payments.

The decision to award spousal maintenance rests in the court’s hands; however, having a comprehensive list of all assets, financial responsibilities, and income rates is crucial for deciding whether you are entitled to receive spousal maintenance payments. Depending on the factors outlined in your divorce and the income disparity between both parties, your financial situation after your divorce may warrant spousal maintenance payments.

How Long Do Alimony Payments Last?

In New York, spousal maintenance payments last for different lengths based on the length of your marriage. For example, if you and your spouse were married for ten years, the spousal maintenance payments made to the party in need of financial support will cover 15-30% of your time together, so your support payments will last anywhere from one and a half to three years. These payments and percentages increase based on your marriage length, with longer marriages requiring longer periods of spousal maintenance payments. For those in longer marriages, ranging from 15 to 20 years, the payments will cover around 30-40% of the duration of your marriage, and for marriages over 20 years, this percentage is increased to 35-50%.

Who Can be Awarded Spousal Maintenance?

The crucial part of spousal maintenance payments relies on the income disparity between both parties. Spouses with higher incomes, higher retainment of property, or lower childcare duties are typically those who make spousal maintenance payments. On the receiving end, the parties with lower incomes, less asset retention, or greater childcare duties are often awarded spousal maintenance payments as a supplement to their divorce settlements, helping provide the necessary financing to encourage stability after separation. Regardless of gender, the party in better financial standing is always going to end up paying spousal maintenance payments.

FAQs About Rochester Spousal, NY Support Law

How is alimony determined in New York State?

Depending on the income of both parties, as well as their financial standing and payment obligations, spousal maintenance fees are based on the income differences between both spouses. For example, if a lower-income spouse is dealing with the fallout from the divorce proceedings and needs financial assistance, a spousal maintenance plan based on the difference in income of both parties can help the spouse with a lower income become more financially stable.

How can I avoid alimony in N.Y.?

New York is an equitable distribution state, meaning that fairness in asset distribution is a crucial part of a divorce settlement. When it comes to spousal maintenance payments, offering asset distribution in place of spousal maintenance payments can contribute to reduced or eliminated spousal maintenance payments required of the higher income party.

How much does a divorce cost in Rochester, NY?

The bulk of any legal payments, especially in a divorce, comes from the legal process itself. Depending on your legal team, litigation process, and court involvement, the amount of money needed for each divorce case ranges drastically. For example, simple divorces with no strict outlines concerning financial and property assets can cost thousands of dollars. However, escalating the divorce to a mediated divorce, requiring more time in the courtroom, can reach up to $50,000 in fees for both parties.

Who pays the highest spousal support?

Depending on the salary of each party, spousal maintenance payments are directly related to income disparity. Spouses with lower incomes, or those with outstanding financial obligations like childcare or routine medical treatments, are typically on the receiving end of spousal maintenance payments, whereas the party in better financial standing is ordered to make these payments.

When to Contact an Attorney

Going through a divorce requires immense amounts of preparation and bookkeeping, especially when deciding on spousal maintenance payments. If you make less money than your spouse, receiving financial compensation after a divorce is crucial for regaining your financial independence after losing your main source of income. Regarding childcare, these monthly payments can help support any childcare costs not covered by child support, helping you and your family rebuild after a divorce.

In the Rochester area, the legal team at Trotto Law Firm, P.C. is here to help you manage and negotiate any spousal support-related payments, questions, and legal concerns you may have about your financial stability. Our team of spousal maintenance experts can help you create a comprehensive collection of your income statements, financial obligations, and outstanding responsibilities that can help you receive the spousal maintenance that you are entitled to. For more information, including a list of all our practice areas, visit our website to contact us today.