Spousal support or spousal maintenance, or what used to be called alimony, are payments made by one spouse to the other. Spousal maintenance or support is intended to assist a spouse who, for any number of reasons, does not have the same earning capacity as the other. It is intended either to rehabilitate the lesser income earning spouse so that the spouse can reenter the workforce, or, to maintain the standard of living each spouse was accustomed to during the marriage. Spousal maintenance can be ordered by the Court during the course of the divorce proceedings, called Temporary Spousal Maintenance, to ensure the spouse with no or less income can meet their financial needs. In 2010, New York State passed a law that provides guidelines for the courts to use when determining spousal support amounts.
To learn more about what you need to know about spousal maintenance (alimony) on Long Island and how to get help to protect yourself and your future visit this page: Spousal Maintenance / Alimony on Long Island, NY. For a free consultation regarding your spousal support, spousal maintenance or alimony needs, please give the Law Office of Robert E. Hornberger a call at 631-923-1910. We’ll be happy to help.
New York courts consider marriage to be both a social relationship and an economic one and the state’s Equitable Distribution Law attempts to recognize this by requiring judges to divide a couple’s property fairly.
The law recognizes a married couple’s property as either Marital Property or Separate Property. Marital Property is divided equitably between the spouses.
Marital Property is any and all property the spouses purchased during the marriage, no matter who did the actual purchasing or whose name is on the property (as in the case of a automobile), unless the property is obtained during the marriage as the result of a gift, an inheritance, for the compensation for a personal injury, or, in exchange for the spouse’s separate property. Even pension or other retirement plans are considered marital property by the courts.
Separate Property is considered any and all property a spouse owned before the marriage. Separate property can also include inheritances, gifts (other than those given by the other spouse) and personal injury payments “earned” during the marriage.
According to Domestic relations law § 236(B)(5)(d), the courts must consider a number of factors in making decisions regarding marital property:
Each spouse’s income and property when they were married and when they started their divorce proceedings.
The length of the marriage and the age of the respective spouses.
The needs of the spouse with custody of the children to own or occupy the marital residence and its household effects.
The loss of pension, health insurance benefits or inheritance rights upon dissolution of the marriage.
Any Spousal Maintenance awarded by the courts.
Claims, interest or contributions made in acquiring marital property not in their name.
The career potential of each spouse.
The liquidity of the marital property.
The Likely financial future circumstances of each spouse.
The difficulty or impossibility of evaluating of businesses, business assets and interest and the desire to maintain that business free from interference or claims by the other spouse.
Tax consequences to each spouse.
Actions taken by either spouse which are considered wasteful of the marital assets or property.
The courts will also take into consideration other factors and situations that are unique to the case in order to determine a resolution that is just and proper to each spouse.
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I went to see Rob for a modification for my child custody agreement to relocate, I can honestly say that working with Rob and Christine has been the best experience. I cannot recommend them enough I only wish I had seen them sooner. They are prompt with communication, and they are honest which I appreciate so much. They do not give you fake promises and they do their best to fight for what you want which they do amazingly well! You can tell they are passionate about what they do and care about their clients. A very important aspect of lawyer client relationship for me is an open line of communication, the anxiety of the unknown always gets the best of us. The fact they were always available whether it be phone call or email to answer any question was extremely comforting and exactly what I needed. I am not well versed with laws and regulation so knowing I had Rob and his partners there when I was unsure or conflicted was extremely needed and greatly appreciated.When it comes to family court it's never easy but having Rob and his partner by my side I felt extremely comfortable and he helped me have realistic expectations. Please TRUST HIM!! If you're looking for a lawyer (at least for my end from child custody/Family Court) don't look any further you will not be disappointed. I hope to never have to use them again but in the event I have to, they are going to be my forever first call.
15:42 16 Sep 20
I hired Robert to handle a child custody and child support matter. He was prompt and professional and was able to achieve a result that 3 prior attorneys could not. He and his staff made a stressful situation easy. I highly recommend his office.
I have known Robert for more than 8 eight years. Robert has represented many of my family and friends. Each and every one has raved about Robert’s professionalism and expertise. He is knowledgable, friendly and truly cares about his clients. I would not hesitate to continue to refer Robert and his firm in the future!
I’ve known Robert for most of my life, and feel very fortunate that I have been able to turn to a good friend for various kinds of legal advice. He is very intelligent, straight forward, and professional. Most importantly though, Robert always finds the fastest resolution, and will not waste your time or money. He is NOT in the habit of dragging things through litigation if there is no need for the added expense. I have referred a few of my friends to Robert, and they have all been more than satisfied in their experience with him. Highly recommend!!