Saratoga Spousal Support Lawyers
Serving clients in Saratoga, Albany, Warren, Washington, Schenectady, Rensselaer, Green, and Columbia
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They were so kind and caring throughout the whole experience. Walked with me through everything. They made a difficult and painful time more manageable. I would recommend them to in a heartbeat. Best decision about the divorce I made.
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Spousal Support Lawyers in Saratoga County, NY
New York alimony attorneys assert your right to fair payment schedules
Maintenance –familiarly known as spousal support or alimony – is a payment made by the monied spouse to the less or non-monied spouse to maintain a standard of living that the Court determines to be appropriate. Maintenance can be awarded in Family Court by the filing of a petition for spousal support or it can be awarded in Supreme Court as part of an Action for Divorce.
Maintenance is a formula-driven determination wherein a formula is applied to the parties’ incomes to determine what amount the maintenance should be. Additionally, the Courts can and do utilize an advisory schedule to determine the length of maintenance. The longer the marriage, the longer the duration of award of maintenance.
A TRUSTED ADVOCATE FOR REACHING A FAIR SPOUSAL SUPPORT AWARD
Although it may seem like simple arithmetic, the Court still has discretion when it comes to determining the amount and length of maintenance. For example, the Court has to determine the parties’ respective incomes and will consider income from all sources, efforts to reduce that income in contemplation of a divorce, and whether a parties’ income should be higher based upon his/her earnings history, education, and income-earning ability.
- The parties’ standard of living
- The income and property of the parties, including marital assets awarded during equitable distribution
- The duration of the marriage and the age and health of the parties
- The present and future earning capacity of both parties
- The ability of the party seeking maintenance to become self-supporting, including time and training necessary
- The presence of children of the marriage
- The tax consequences to each party
- The contributions of the party seeking maintenance as a spouse, parent, wage earner or homemaker and to the career or career potential of the other party
- The wasteful dissipation of marital property by either spouse
- Any transfer or encumbrance made in contemplation of a divorce
- Any other factor that the court expressly finds just and proper
The complexity of many of these factors, and the court’s license to consider “any other factor” it finds “just and proper,” argues strongly for knowledgeable and experienced legal counsel on your side protecting your interests. Mahserjian & Mahserjian-Ortiz, PLLC has handled many complex and high-net-worth divorce actions where spousal support was vigorously litigated. Our meticulous approach to asset valuation as well as our aptitude for the mathematics inherent in support negotiations has helped us be very successful on behalf of our clients.
Contact our dedicated Albany spousal support attorneys
To speak with a knowledgeable lawyer at Mahserjian & Mahserjian-Ortiz, PLLC, contact us today. We will be happy to answer your questions and schedule an initial appointment at our Clifton Park office. You can also schedule an appointment by contacting us online
