5 Common Spousal Support Questions
Do you have questions about spousal support? Read these 5 common spousal support questions, then call our Saratoga attorneys to get started!
1) Can I Still Get Spousal Support in NYS?
- An option for an individual who does not want to, or is not ready to go through with a Divorce or Separation Agreement, will be asked to file a petition with the family court
- This option is free, and you can go to the clerk’s office to request a petition for which you can ask for Spousal Support
2) How Long is Spousal Maintenance Paid in NYS?
- Two types of Spousal Maintenance are temporary maintenance and post-divorce maintenance
- Temporary maintenance is paid during the course of an action
- Post-divorce maintenance is awarded by a court in the determination, as to the amount and duration, based upon consideration of factors that are in the Domestic Relations Law
- In order to determine a duration, the court will consider how long someone will need to become self-sufficient, and any necessary education or training
3) Can I Discharge Maintenance with Bankruptcy?
- Although the bankruptcy code is designed to relieve a person of indebtedness, it is still concerned with that individual’s family obligations.
- A domestic support obligation will not be discharged in bankruptcy, whether or not it is called maintenance.
- Obligations of a financial nature may be considered a domestic support obligation and not dischargeable.
- A separation or settlement agreement should include a provision expressly prohibiting an individual from discharging those obligations, regardless of the bankruptcy code.
4) Can I Stay on My Spouse’s Medical Insurance After Divorce?
- A person’s eligibility for Health Insurance, as a spouse, will terminate upon a Divorce
- For a spouse that is concerned about the high cost of obtaining a Health Insurance plan of their own, they may consider drafting or creating a settlement where they remain separated, but not divorced
5) Does My Former Spouse Need to Maintain Their Life Insurance After Divorce?
- This is an issue that is raised in cases where there is going to be a stream of payments for equitable distribution, spousal maintenance, and child support
- It is quite common for the court to order the provision of Life Insurance, if those payments are going to be made
- Your Attorney will often negotiate that the Life Insurance Policy can reduce over time because the stream of payments would reduce over time
Alimony, spousal support or spousal maintenance comes down to one spouse making payments to another to maintain a standard of living the court judges to be appropriate. After reading these 5 common spousal support questions, contact our dedicated Saratoga Spousal Support Attorneys for navigation and a confidential legal consultation.
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