Buffalo Spousal Maintenance Lawyer
A Balanced Approach to Spousal Support Conflict
Going through a divorce is a difficult process, and there are many decisions that will need to be worked through. These can either be made between you and your spouse or by the court. Our Buffalo divorce lawyer is a Conscious Uncoupling™ Coach who works with couples to help them reach a peaceful resolution.
Contact us to schedule a consultation!
Mediation in Buffalo Spousal Maintenance Cases
In many instances, a couple can decide if spousal maintenance should be paid, and they can also establish the terms surrounding it. Making this decision yourself gives you the power of choosing and can also greatly relieve the stress of the situation. This, unfortunately, is not always an option for some couples, and when you and your spouse are unable to agree on terms of spousal maintenance, Attorney Gina Marie DePrima, Esq. is a strong representative in and out of the courtroom.
When your case goes before a court, there are several details that will be looked at to decide whether or not support should be paid. This includes what the standard of living was during the marriage and whether or not one spouse has the ability to provide for the reasonable needs of their former spouse. The financials of both parties will be assessed in maintenance cases, and you should be prepared to provide your net worth.
There are many factors considered when determining the amount and length of a spousal maintenance order:
- The marriage length
- Earning capacity of both individuals
- The age of both individuals
- Where children will be living based on child custody orders
- If one spouse has a reduced chance of earnings compared to the other as a result of staying home with children or not pursuing an education earlier on
- The income and property of each party
- The health of each individual
How Long Do You Have to Be Married to Get Spousal Support in New York?
There’s no minimum marriage-length requirement to qualify for spousal support. However, if financial support is durational, meaning only mandated for a set period of time, the court may consider marriage length when determining the duration of support. Typically:
0–15 years: Support should last for 15%–30% of the length of the marriage.
15–20 years: Support should last for 30%–40% of the length of the marriage.
20 years and longer: Support should last for 35%–50% of the length of the marriage.
Can a Cheating Spouse Get Alimony/Spousal Support?
Marital fault is not usually recognized as enough reason to award alimony in the state of New York. However, if a significant portion of marital assets were spent during the affair, the court can discover excessive use of community property and consider this information when determining both spousal support and property division.
Thousands of Spousal Support Cases Handled!
Our Buffalo spousal support attorney is a valuable and compassionate advocate to have during your divorce case. Attorney Gina DePrima has represented both sides of spousal support cases, looking out for those seeking spousal maintenance or representing those who do not believe they should have to pay. As a result of over 14 years of experience practicing family law, Attorney DePrima has developed a holistic approach that draws on the lessons she learned as a staunch legal advocate in complex litigation, a calm and collected divorce mediator, as well as an effective co-parenting coach.
Call (716) 638-2633 to Contact Our Legal Team.