Alimony Attorney in Rochester, NY
Dedicated Rochester Divorce Lawyer Assisting Men & Women With Alimony & Spousal Support Matters
Alimony, also known as spousal support is one of the most important aspects of a divorce proceeding. Whether you pay spousal support or you receive a monthly award, the decision will have a significant impact on your finances.
Getting the proper legal representation is critical during this process. With our help, you can agree with your spouse or provide the courts with the necessary evidence so the judge can make a fair and sound decision.
Schedule a free consultation with our firm today to learn more about how we can represent your needs in the proceedings.
What Are The Types of Alimony in New York?
Many of our clients believe that there is only one type of alimony in New York. The lack of understanding causes them to get less than they are entitled to or pay more than they can afford. There are five types of alimony in New York, and our firm has experience in handling each one.
Pendente Lite (Temporary) Alimony
Pendente lite alimony is temporary spousal maintenance. This alimony is awarded and paid when the divorce is still pending. The money helps the spouse make it through the divorce proceedings. Once the divorce is finalized, the support payments stop. However, the recipient might be entitled to another type of alimony once these payments end.
Post-divorce maintenance is the other type of alimony. The two parties can arrange for the length of the alimony payments, or the courts can decide.
The alimony can also be terminated before the agreed-upon or ordered date in certain circumstances. Post-divorce maintenance payments are terminated if one of the spouses passes away or when the spouse receiving the payments remarries. The court also might stop the payments if the spouse receiving the money lives with a romantic partner, even if the two are not married.
Often, one spouse stays at home during the marriage but wants to enter the working world after the divorce. This is difficult to do if the spouse doesn’t have the necessary training. Rehabilitative alimony makes this much more manageable. The money is paid while the spouse goes to school or embarks on a new career. Once the spouse is back on his or her feet, the payments stop.
One spouse often supports the other while he or she goes through school or gets the training needed to get into the job force. Restitutional alimony is awarded as repayment to the spouse who supported the other during this time. This is a temporary award.
New York does award permanent alimony in some cases. This means the recipient will receive payments until his or her death. The court awards permanent alimony in instances when the payee is ill or elderly and cannot support himself or herself.
How Long Does Alimony Last?
Temporary, rehabilitative, and restitutional alimony have precise lengths. For example, temporary alimony only lasts until the divorce is finalized, and a new order (if applicable) is in place. Rehabilitation alimony is paid while the husband or wife goes through school or transitions to the working world. Restitutional alimony payments are based on the amount of time and money the partner invested in the other.
Post-divorce maintenance is a little more complicated. If it’s left to the courts to decide, the judge will use a formula to determine the length of post-divorce support. If the couple was married for 15 years, alimony lasts for 15-30 percent of the length of the marriage. If the marriage lasted 15-20 years, the receiving spouse could expect to get alimony for 30-40 percent of the length of the marriage. For marriages that lasted over 20 years, payments are typically ordered to continue for 35-50 percent the length of the marriage. Payments are terminated once the date in the order is reached.
How is the Amount of Pendente Lite Maintenance Determined?
Rochester’s court system uses a formula to calculate pendente lite maintenance payments. For step one, the court subtracts 20 percent of the petitioner’s income from 30 percent of the potential payer’s income.
For step two, the court multiplies each side’s income by 40 percent. Then, the court subtracts the income of the spouse who is petitioning for temporary relief.
Finally, the court looks at the figures from step one and step two. The lower amount will be awarded to the petitioner for temporary maintenance.
How is Eligibility and the Amount of Post-divorce Maintenance Determined?
The court considers several factors when determining eligibility and the amount of alimony for post-divorce maintenance. After examining the elements, the court issues an order with the amount.
Length of Marriage
Courts look at the length of the marriage when coming up with an amount of alimony. Marriages of 10 years or longer are considered long-term marriages. Spouses leaving long-term marriages are more likely to get alimony when compared to those who have only been married a few years. Spouses leaving long marriages also might be eligible for higher payments.
The courts believe that both parties should contribute to homemaking duties. If one spouse fails to contribute, he or she might be ordered to pay alimony. This could also increase the amount of spousal support the divorced spouse must pay.
Earning Potential and Reduced Earning Abilities
Earning potential is also critical when determining alimony. This is especially true when minor children are involved. One spouse often stays home to take care of the minor children. After being away from the job market for years, the spouse no longer has the same earning potential. Factors such as lack of education and job training are also considered when deciding on eligibility and the amount of the payment.
Mental and Physical Health
The court also examines the mental and physical health of both parties. This can lead to an undue financial burden on one of the parties. In these cases, alimony might be awarded.
Alimony for Men and Women – Eliminating Gender Bias
The Cimino Law Firm has negotiated alimony payments for both men and women. In the past, the courts were more likely to award alimony to women, but that has changed. Gender is no longer considered when ordering spousal support payments.
Still, many men refuse to ask for spousal support. Only 3 percent of all alimony payments go to men, even though women make more than their husbands in 40 percent of the households in the United States. Men often let their pride get in the way of requesting spousal support. The Cimino Law Firm understands this can be a complicated process, but we can help you get what deserve. You will not feel embarrassed or uncomfortable when you fight for spousal support with our help.
Can You Request a Modification?
Significant changes occur to people over their lifetimes. People lose jobs, get in severe accidents, and lose their earning potentials. People who have experienced significant life changes can petition the court for a spousal support modification.
The burden of proof rests on the shoulders of the person requesting the modification. For instance, if the payer loses his or her job, he or she must prove that making the ordered payments causes an undue hardship.
How The Cimino Law Firm Can Help
Even with formulas to calculate the amount, alimony is quite complicated in New York. The alimony calculator often creates undesired results for one of the parties. Legal representation helps the parties come to a resolution outside of a court order when possible. If an agreement is not reached, your lawyer can represent your case to the court. With more than 20 years of experience, Rochester alimony attorney Michelle Cimino knows how to present evidence that benefits our clients in these proceedings.
Our kind and compassionate legal team will be your emotional support and your legal representation as you go through this challenging time in your life. Make the next chapter of your life the best one yet with our help.
Call us today for a free phone consultation with dedicated Rochester alimony attorney Michelle CImino and let her experience work for you.