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Spousal Maintenance, Long Island, NY

What You Need to Know about Alimony & Your Future
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What is Spousal Maintenance or Alimony?

Spousal maintenance are payments made by the higher earning spouse to the lower earning spouse in a divorce. Many people may know it as alimony, though it is not technically called alimony in New York State. Spousal maintenance might be temporary and may be paid during the pendency of a divorce, or might be ordered to continue post-divorce.

Is Spousal Maintenance the Same Thing as Spousal Support?

No, spousal maintenance is not the same thing as spousal support. Spousal support refers to payments made to the lower earning spouse during marriage, and usually results from a separation agreement. Spousal support terminates when a judgment of divorce is entered.

What is Temporary Spousal Maintenance & How is it Calculated?

child support calculatorTemporary spousal maintenance is spousal maintenance that is awarded while the divorce is pending. In cases where child support is not also being paid, a Long Island court will do two separate calculations and compare the results to determine the amount of temporary spousal maintenance. The formulas are as follows:

  • First, 20% of the payee spouse’s income will be subtracted from 30% of the payor spouse’s income.
  • Then, the payee spouse’s income will be subtracted from 40% of the total combined spousal income.
  • Finally, the payee spouse will be awarded spousal maintenance based upon the lower of the two above calculations.

“From the moment I contacted Mr. Hornberger I knew I was in good hands. He was easy to speak with, paid close attention to all my MANY questions and reassured me that he could handle my divorce case. Since the 1st phone call, I was sure I wanted Mr. Hornberger to represent me in what I knew would be a very difficult divorce. He DID NOT disappoint! When I thought I would lose everything, with Mr. Hornberger fighting for me, I was able to have custody of my children, stay in the family home and receive child support. As far as divorce attorneys go….. Mr. Hornberger is the RIGHT choice!!!!”

Courts Can Use Discretion to Change the Formula

courts decide property splitCourts are not bound by this formula, and if it determines the award is too high or too low it can deviate from the guidelines and award the amount it deems appropriate. Further, if the payor spouse’s income is above $178,000, the court will nevertheless use a maximum of $178,000 to calculate the amount of support, but can deviate from this formula if it determines it to be necessary.

What if I Also Have to Pay Child Support?

child support long island nyTo provide the spouse who is responsible for both child support and spousal maintenance a break from the full demands of paying both spousal maintenance and child support the courts use a slightly different formula.

  • The first formula uses 25% of the payee’s income will be subtracted from 20% of the payor’s income.
  • The second calculation is as follows: the sum of the payor’s income and the payee’s income will be multiplied by 40%, and the payee’s income will be subtracted from the result.
  • The payee spouse will be awarded the lower of the two amounts.
  • If the payor spouse’s income is above $178,000, the court will plus a maximum of $178,000 into this formula, but can deviate from the formula if it deems necessary.

What About Post-Divorce Maintenance? How Much Will I Get or Have To Pay & for How Long?

Post-Divorce Spousal Maintenance are the regular payments awarded to be paid to one spouse by another for a specified period of time. The calculation of a post-divorce spousal maintenance award is based upon all the same formulas as the temporary maintenance standard. Like the temporary maintenance formula, it takes into account whether the payor spouse is also paying child support, and adjusts the maintenance amount accordingly. It also factors in a maximum of $178,000 for income.

The duration of post-divorce maintenance is calculated with another formula based on the length of the marriage.

  • For marriages that lasted up to and including 15 years, maintenance is awarded for 15% to 30% of the length of the marriage.
  • For marriages that lasted for more than 15 years up to and including 20 years, maintenance is awarded for 30% to 40% of the length of the marriage.
  • For marriages which lasted more than 20 years, the duration of the award is 35% to 50% of the length of the marriage.

Long Island Courts Have Discretion to Change the Formula

However, it is important to remember that courts on Long Island have discretion to adjust the duration, or award non-durational maintenance in appropriate cases. The court can consider any factors that it deems relevant and justified in your situation in order to make this determination.

Can I Modify My Spousal Maintenance Order?

Yes, if there is a substantial change in circumstances. For example, if the payor spouse lost his/her job, experienced a pay cut, or had a sudden illness, or if the receiving spouse is cohabitating in a new relationship, gets remarried, or became self-supporting, the court may decide to change the award.

Remember that maintenance payments terminate upon the death of either spouse or the remarriage of the payee (recipient) spouse.

How Do I Ensure I’m Protected?

To ensure you get or pay what’s fair, come in and speak to one of or experienced Divorce or Family Law attorneys. Contact our friendly Client Services Director at 631-923-1910 to schedule your free consultation today.

Links to More Information about Alimony/Spousal Maintenance on Long Island

Long Island Divorce Lawyer Explains Spousal Maintenance, AKA Alimony, in New York

Expert explanation of Spousal Maintenance (also known as Alimony) laws in New York.

Can I get spousal maintenance?

Spousal support or spousal maintenance(alimony), are payments made by one spouse to the other.

Long Island Divorce Attorney Answers Spousal Maintenance Questions

Answers to frequently asked questions Spousal Maintenance, sometimes called Alimony.

Long Island Divorce Lawyer Answers Question: ‘Do I Have to Pay Spousal Maintenance During or After Divorce’?

Want to know if you have to pay Spousal Maintenance (formerly known as Alimony) to your ex after your divorce?

Divorce Lawyer Long Island Explains New York Spousal Maintenance Law

Spousal Maintenance, aka Alimony, is one of the major issues in every NY divorce. NY Legislature passes bill setting new rules.

Long Island Spousal Maintenance (Alimony) Questions Answered

Answers to frequently asked questions about Spousal Maintenance, or Alimony to help you determine if you will receive or have to pay it.

MAINTENANCE (AKA ALIMONY) 

What you need to know about Spousal Maintenance (formerly known as alimony) in your Long Island divorce.

New York Domestic Relations Law Changes Affect Spousal Maintenance on Long Island, NY

New York Domestic Relations Law were revised with the intent of providing a more uniform and predictable system for Spousal Maintenance distribution.

 

SCHEDULE YOUR FREE CONSULTATION TODAY

Call 631-923-1910 or fill in the form below

Schedule your complimentary consultation and case evaluation with our experienced attorneys today.

When you call, you’ll speak to our friendly Client Services Director, who will be able to answer your general questions and set up your appointment with an attorney who specializes in your unique case.

At your meeting, your attorney will describe the many options available and determine together which is the right solution for you.

By the end of this meeting we’ll all understand how we can best help you to move forward.

No Cost or Obligation

There is no cost or obligation for this initial consultation.

It is simply an opportunity for us to get to know each other, answer your questions and learn if Hornberger Verbitsky, P.C. is right the right law firm for you.

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Ann Masten
Ann Masten
17:48 12 May 20
I am a paralegal in an unrelated field of law. I phoned Hornberger Verbitsky, P.C. today intending to refer a client to their office. Instead (and despite that we are the midst of the present crisis), Mr. Hornberger himself graciously accommodated my questions over the telephone, and was generous with his time and adroit in his response, saving our client a small fortune in unnecessary legal fees. I have not had any similar experience, in which counsel was so generous with his expertise, in 22+ years of interacting with prominent, local attorneys, and the client is overjoyed. Based on this experience, I would now whole -heartedly recommend this firm as trusted professionals to any client requiring a firm expert in family law and related legal issues.
Everett Roberts
Everett Roberts
14:30 18 Mar 20
Going through a divorce was very challenging and emotional. Searching for an attorney can be challenging as well when you consider everything that is at stake. The choice I made to work with Rob Hornberger was surely the best choice available. His professionalism, expertise, and understanding made him and the entire team perfectly suited to achieve the outcomes I desired. Rob was always available to answer my questions and give me advice and legal considerations that affected my situation. The support I received from his staff was exemplary as well. The staff was courteous, kind, and also very professional. Thank you so much Rob and team for a worry free experience.
Annemarie Cusumano
Annemarie Cusumano
21:41 17 Mar 20
Being in family court especially when your children are on the line is extremely emotional and stressful but working with Robert and Christine put me at ease and made the process as pleasant as a situation like that can be. I have a now 3 year old daughter (who is the most important person in my life) and I've been working with them for over two years since my daughter was 7 months old, the case has been up and down and through it all Rob and Christine have never given up. My original case was due to a neglect charge. Cps is not easy to work with, but Rob and Christine were vigilant and I ended up getting my daughter back within 8 months and did not have to plead guilty to the neglect. Currently I am in family court to figure out a custody agreement. They are professional, empathetic, and patient. They have always explained everything thoroughly, informed me of all my options and advised me of what my best option would be. They always respond quickly when I contact them with questions or concerns and most importantly they fight for me in court and don't give up even when things get rough. Before hiring Rob and Christine I met with other attorneys who did not make me feel confident or comfortable at all about my case, so I am very grateful to have found Rob and Christine and to be represented by such great attorneys. I highly recommend them for any family court matters and will definitely continue to use them in the future if needed.
Steven Frierman
Steven Frierman
02:25 07 Mar 20
After meeting with 3 different lawyers, we felt Robert understood us best and he genuinely had our best interests at heart. This helped us resolve a few minor issues in a timely fashion and make a potentially stressful situation go more smoothly.Thank you
Randi Gottlieb
Randi Gottlieb
18:47 03 Mar 20
Hornberger Verbitsky, P.C. - Mr. Robert Hornberger and his staff are beyond professional, they quickly gave me my consultation appointment, and helped me with an after-Divorce issue. Mr. Hornberger was empathetic and explained to me what I should expect. Mr. Hornberger was extremely professional and advised me of my options, he helped me proceed with accurate and smart decisions. I wish I had Mr. Hornberger and his highly recommended staff when I was getting divorced. I would highly recommend Robert and his staff to anyone who is getting a divorce or in need of help with situations after the divorce!

Reviews

  • 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!!

 

 

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SCHEDULE YOUR FREE CONSULTATION TODAY
Call 631-923-1910 or fill in the form below

Long Island Divorce Law Firm partners Robert E. Hornberger, Esq. & Christine M. Verbitsky, Esq.

Schedule your complimentary consultation and case evaluation with our experienced attorneys today. When you call, you’ll speak to our friendly Client Services Director, who will be able to answer your general questions and set up your appointment with an attorney who specializes in your unique case.

At your meeting, your attorney will describe the many options available and determine together which is the right solution for you. By the end of this meeting we’ll all understand how we can best help you to move forward.

No Cost or Obligation

There is no cost or obligation for this initial consultation. It is simply an opportunity for us to get to know each other, answer your questions and learn if Hornberger Verbitsky, P.C. is right the right law firm for you.

 

* indicates required



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