Saratoga Spousal Support Lawyers

Saratoga Spousal Support Lawyers

Serving clients in Saratoga, Albany, Warren, Washington, Schenectady, Rensselaer, Green, and Columbia

Do you need legal help?

    Saratoga Divorce Mediation Attorneys

    Saratoga Spousal Support Lawyers

    Serving clients in Saratoga, Albany, Warren, Washington, Schenectady, Rensselaer, Green, and Columbia

    Do you need legal help?

      The staff is extremely friendly and knowledgeable. They truly care about their clients and walk you through the process every step of the way. I highly recommend Jean and here team for any legal needs.

      – Joseph B.

      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.

      – Kelli F.

      Was a real advocate for me while going through my divorce. Responded to emails and calls promptly and guided me through the entire process. Fair, responsive and frankly a light during a tough time.

      – Melissa W.

      PDF Download

      Download our Family Law Guide

      Enter Your information below to receive your free PDF Guide.

      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

      Frequently Asked Spousal Support Questions

      New York spousal support is calculated using statutory guidelines that consider both parties’ income, with temporary maintenance calculated as 30% of the higher-earning spouse’s income minus 20% of the lower-earning spouse’s income. For post-divorce maintenance, courts consider factors including marriage length, each party’s age and health, earning capacity, standard of living during marriage, and contributions to the other’s career. The calculation becomes more complex with high incomes, business ownership, and variable compensation.

      Spousal support duration in New York depends on marriage length: marriages under 15 years typically receive support for 15-30% of the marriage length, 15-20 year marriages receive 30-40%, and marriages over 20 years may receive 35-50% or longer. Factors affecting duration include the recipient’s ability to become self-supporting, age, health, child-rearing responsibilities, and contributions to the marriage. Some support may be permanent, especially for long marriages or when the recipient cannot achieve self-sufficiency.

      Yes, spousal support can be modified in New York when there’s a substantial change in circumstances affecting either party’s financial situation. Common reasons for modification include job loss, significant income changes, remarriage, cohabitation, disability, retirement, or economic hardship. The requesting party must demonstrate the change is substantial, ongoing, and not voluntarily created. Courts review the original factors and current circumstances to determine if modification is warranted.

      If your ex-spouse doesn’t pay court-ordered spousal support, several enforcement options are available including wage garnishment, asset seizure, bank account levies, property liens, contempt of court proceedings, and license suspension. New York courts take spousal support violations seriously and can impose penalties including fines, asset attachment, and even jail time for willful non-payment. An experienced spousal support attorney can help pursue all available enforcement remedies.

      Yes, remarriage typically terminates spousal support in New York unless the agreement or court order specifically provides otherwise. Cohabitation may also affect support if it demonstrates the recipient no longer needs financial assistance or is receiving support from their new partner. The paying spouse can petition the court to modify or terminate support based on the recipient’s remarriage or cohabitation, but this requires legal action and court approval.

      New York courts consider numerous factors when awarding spousal support including: length of marriage, each party’s age and health, present and future earning capacity, education and job skills, standard of living during marriage, contributions to the other’s career or education, child-rearing responsibilities, property division, tax consequences, and any other relevant factors. The goal is to help the lower-earning spouse maintain a reasonable standard of living while transitioning to financial independence.

      Temporary spousal support (pendente lite) is awarded during divorce proceedings to maintain the status quo until final resolution, calculated using specific statutory formulas. Permanent spousal support is awarded in the final divorce decree based on comprehensive factors and may be rehabilitative (limited duration to allow self-sufficiency), reimbursement (compensating for contributions), or indefinite (long-term or permanent). The type and duration depend on marriage circumstances, earning capacity, and ability to achieve financial independence.

      Yes, you need an experienced spousal support lawyer for your New York case. Spousal support involves complex calculations, statutory guidelines, judicial discretion, and strategic considerations that significantly impact your long-term financial security. Mahserjian & Mahserjian-Ortiz, PLLC’s experienced alimony attorneys provide the expertise necessary to maximize support awards, ensure proper calculations, navigate modification procedures, pursue enforcement actions, and protect your financial interests throughout the process.