Do you have questions or concerns about spousal support? Start your spousal support claim before it’s too late! Call our Saratoga lawyer now.
What is Spousal Maintenance in NYS?
The two types of Spousal Maintenance are Temporary Maintenance, and there is Post-Divorce Maintenance- Temporary maintenance is the spousal support that you receive while in action for divorces on-going
- Spousal maintenance is calculated using a formula, which can be complicated in terms of how the formula is applied to the party’s respective incomes
The Different Types of Spousal Maintenance
As a Saratoga Spousal Support Lawyer I am often asked about the different types of spousal maintenance. Under New York State Law we have two statues, the first is temporary spousal maintenance and is paid until the end of the divorce proceedings. The second order is post-judgment permanent spouse maintenance which provides maintenance after a judgement. I advise clients as a Saratoga Spousal Support Lawyer that Governor Cuomo is awaiting signature to order maintenance to be ordered pursuant to a formula which will contain a duration calculation.
If I Don’t File a Divorce or Separation Agreement, 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
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
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.
Do you have questions or concerns about spousal support in New York? Act now and start your spousal support claim before it’s too late! Contact our experienced Saratoga Spousal Support Lawyer to schedule your legal consultation and case evaluation and get started on your case!
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