Jonathan E. Kroll & Associates, PLLC Articles Spousal Maintenance in Long Island

Spousal Maintenance in Long Island

By Jonathan E. Kroll & Associates, PLLC  Dec. 12, 2010 4:55p

Spousal support or otherwise called "alimony" is money that an ex-husband or ex-wife pays to their ex-spouse after they get a divorce. In New York State, there is usually a time limit for spousal maintenance or alimony.

When men and women are married to each other, they have to support one another and their children. In today's modern times, this can mean the traditional scenario where a husband supports his wife or the increasingly modern situation whereas the wife supports the husband while he stays home with the kids or pursues a higher education.

Both the Family Court and the Supreme Court have the legal authority to order your ex-husband or ex-wife to pay spousal maintenance. In the Supreme Court, a Judge will be making decisions in your divorce; the same Judge will decide whether or not your ex will have to pay spousal maintenance.

On the other hand, in Family Court, a Support Magistrate will decide whether or not your ex has to pay spousal maintenance or alimony to you. You can take your case to the Family Court when there is no divorce case pending in the Supreme Court between you and your spouse.

How Much and For How Long?

There is no limit on how much you can receive (or pay) or for how long. Each case is handled on a "case by case" basis. Whether or not spousal support is awarded by a judge is determined by a number of factors that the Judge will take into consideration. The Judge will also look at the costs of necessary expenses such as housing, food, clothing, medical care, education and whether or not you have full custody of the children. The Judge will also factor in:

  • The length of the marriage
  • If you can afford to take care of yourself
  • If your ex can afford to take care of you
  • Your time invested as a homemaker

Because spousal maintenance depends on so many variables, it's mandatory that you seek legal assistance from a skilled Long Island spousal support attorney from Jonathan E. Kroll & Associates. We can help protect you and your best interests whether you are seeking to get alimony, or if you are looking to modify or end the maintenance, either way, we have the knowledge and know how to help you achieve your goals.

Contact a Long Island Spousal Support Lawyer from our firm today for a free consultation.

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