Nassau County Spousal Support Lawyers
Spousal Support Services Across Long Island and New York
Under New York law, a spouse may be required to pay support, also known as maintenance, to the other spouse. As experienced spousal support attorneys in Nassau County, we are here to help you understand your rights and obligations under state guidelines.
We understand that this process can be overwhelming for spouses who have never worked outside the home or those concerned about the possibility of being required to pay a significant portion of their income. The financial uncertainty can be daunting for anyone confronting a major lifestyle change. Our team of Nassau County spousal support lawyers can guide you step by step to help protect your financial future. Having provided representation for both payors and recipients, we offer informed advice on what to anticipate, how to strategically plan your case, and how to reach the fairest resolution possible under local laws.
Similar to child support, spousal support in Nassau County is typically calculated using statutory guidelines. As of March 1, 2022, the cap for maintenance payors under the Maintenance Guidelines Act increased to $228,000.00. Updated forms and calculators for both contested and uncontested divorces, reflecting these changes, are available here.
To speak with a Nassau County spousal support lawyer, contact us online or give us a call at (516) 447-8977 today.
Types of Spousal Support & Maintenance Available in Nassau County
When navigating divorce or separation in Nassau County, it is essential to understand the different types of spousal maintenance that may be awarded. New York courts, including those in Nassau County, recognize both temporary maintenance (also referred to as “pendente lite” support) and post-divorce maintenance (also known as “durational” maintenance). Temporary maintenance offers necessary financial assistance while divorce proceedings are ongoing, ensuring a spouse’s basic needs are met. Upon finalization of the divorce, the court may grant durational or, in rare situations, non-durational maintenance, which is determined based on statutory guidelines and individual case circumstances. We help you evaluate support issues and guide you through your case.
Choosing an appropriate form and duration of spousal maintenance can profoundly affect your long-term financial stability. Nassau County courts closely consider the standard of living established during the marriage, both parties’ future earning capacities, and the realities of dividing one household into two within local communities, such as Garden City or Great Neck. As spousal support lawyers in Nassau County, we help our clients meet the legal filing requirements for maintenance claims, craft realistic projections for monthly support, and provide structured negotiation for settlement. Our familiarity with Nassau County judges, mediation practices, and the family law landscape can be a significant asset as we pursue solutions specifically tailored for local families. We typically emphasize amicable resolution through negotiation or mediation before resorting to litigation, which can save parties considerable time and expense while striving for a fair outcome.
How Courts in Nassau County Determine Spousal Support
Applicants seeking spousal maintenance or opposing a claim for maintenance in Nassau County benefit from a clear understanding of the considerations used by the Supreme Court. An attorney in Nassau County will explain how judges apply statutory guidelines but also exercise discretion, carefully examining unique case details. Courts review everything from the parties’ financial resources and the cost of living in specific Nassau County towns, to parental responsibilities and the practical ability of each spouse to maintain a separate household. Up-to-date information about court procedures and familiarity with the Nassau County matrimonial judiciary can be critical in advocating for your best interests. Our team of Nassau County spousal support lawyers works with you to compile the required documents and evidence, helping to present the strongest possible case while keeping your goals in focus.
Key Factors Courts May Consider in Spousal Support Determinations
- The income and property of the respective parties, including marital property
- The length of the marriage
- The age and health of both parties
- The present and future earning capacity of both parties
- The need of one party to incur education or training expenses
- The existence and duration of a pre-marital joint household or a pre-divorce separate household
- Acts by one party against another that have inhibited or continue to inhibit a party's earning capacity or ability to obtain meaningful employment (such as acts of domestic violence)
- The ability of the party seeking maintenance to become self-supporting and, if applicable, the period of time and training necessary therefor
- Reduced or lost lifetime earning capacity of the party seeking maintenance as a result of having foregone or delayed education, training, employment, or career opportunities during the marriage
- The presence of children of the marriage in the respective homes of the parties
- The care of the children or stepchildren, disabled adult children or stepchildren, elderly parents, or in-laws that has inhibited or continues to inhibit a party's earning capacity
- The inability of one party to obtain meaningful employment due to age or absence from the workforce
- The need to pay for exceptional additional expenses for the child/children, including but not limited to schooling, day care, and medical treatment
- The tax consequences to each party
- The equitable distribution of marital property
- Contributions and services of the party seeking maintenance as a spouse, parent, wage earner, and homemaker, and to the career or career potential of the other party
- The wasteful dissipation of marital property by either spouse
- The transfer or encumbrance made in contemplation of a matrimonial action without fair consideration
- The loss of health insurance benefits upon dissolution of the marriage, and the availability and cost of medical insurance for the parties
- Any other factor which the court shall expressly find to be just and proper
Modification and Enforcement of Spousal Support Orders
The modification of spousal support is subject to a different and much higher standard of proof as compared to modification of child support. Absent a specific provision in a written agreement, the standard for a payor spouse to seek relief from spousal support is extreme hardship. As is demonstrated by the very term, “extreme hardship” is difficult to establish, and requires careful consideration of the circumstances and available evidence.
Enforcement of spousal support is undertaken in much the same manner as enforcement of child support — if the payor spouse defaults, the recipient spouse has various options. First, if there is a stipulation or written agreement, the default and notice provisions, if any, must be reviewed and followed. Otherwise, the recipient must proceed with enforcement proceedings, which may include seeking court intervention. How to proceed will depend on many factors, including the location of the parties, their sources of income, and their assets. In an enforcement proceeding, the court has broad authority, and, among other things, can issue a money judgment, which will accrue interest, hold a defaulting party in contempt (potentially including jail time), and award the enforcing party counsel fees.
If you are the defaulting party and need to defend yourself against enforcement proceedings, the available defenses are limited and will be fact specific. If a payor becomes unable to pay, they should seek legal advice as early as possible.
What Disqualifies You From Spousal Support in New York?
While New York law allows for spousal support in many divorce cases, there are certain factors that may make a party ineligible for spousal support or significantly reduce the amount awarded by the court. Below are key considerations for Nassau County residents seeking or contesting spousal support:
- Marital misconduct: Fault for the breakdown of the marriage, including infidelity or domestic violence, can result in a denial or reduction of spousal support.
- Remarriage: If a recipient spouse remarries, they are no longer entitled to receive spousal support payments.
- Cohabitation: Living with a new partner may result in a reduction or termination of spousal support payments.
- Ability to support oneself: If the recipient spouse is financially self-sufficient, the court may deny spousal support.
- Length of the marriage: Shorter marriages are less likely to result in meaningful spousal support awards.
- Criminal convictions: Convictions for crimes such as child abuse or domestic violence may disqualify a spouse from receiving spousal support.
- Failure to find employment: Not making good-faith efforts toward financial independence can lead to a denial or reduction of spousal support.
- Substantial change in circumstances: Significant changes, such as job loss or new health issues, can lead to modification or termination of spousal support awards.
Contact Our Spousal Support Attorneys in NY
If you have questions or would like a more detailed explanation, please call our office to schedule a telephone or in-person consultation.
Do you have any additional questions? Contact us online or call at (516) 447-8977. Our Nassau County spousal support lawyers can help.
Frequently Asked Questions
How Long Does Spousal Support Typically Last in Nassau County?
The length of spousal support in Nassau County is determined on a case-by-case basis. Courts use New York’s statutory formulas as a guideline but may adjust the duration based on factors including the length of the marriage, each spouse’s health, the presence of minor children, and financial circumstances. Durational (temporary) maintenance is most common, providing the recipient time to achieve financial independence. Permanent or non-durational maintenance is rarely awarded and is generally reserved for long-term marriages or when a spouse is unable to become self-supporting. c for their unique circumstances.
Can Agreements About Spousal Support Be Negotiated Outside of Court in Nassau County?
Yes, spousal support in Nassau County and throughout New York can be resolved through out-of-court negotiations, mediation, or collaborative methods. When both parties reach an agreement on maintenance terms, their arrangements are memorialized into a stipulation or separation agreement for court approval.
What Documentation Is Needed to Request or Contest Spousal Support in Nassau County?
To request or contest spousal support in Nassau County, both parties must submit comprehensive financial documentation. This typically begins with a Statement of Net Worth, which details all income, expenses, assets, and debts. Supporting documentation such as pay stubs, tax returns, bank statements, and asset valuations is also essential. If you are a business owner or self-employed, more in-depth records may be required.
Mr. Grossman brings more than twenty (20) years of experience as a matrimonial and family law attorney to his mediation practice, having completed both the basic mediation training and the advanced mediation training for matrimonial matters. He added this service to provide clients with an alternative to litigation with the hope that he can help parties resolve their differences more efficiently and as amicably as possible.
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