Staten Island Spousal Maintenance Attorney
Assistance from a Reputable Divorce Firm in New York
New York recently changed how maintenance is calculated to make it income based. Income includes your wages, salary, workers’ compensation, or disability, and benefits, such as pensions, retirement, investment income, and other stipends or payments less certain deductions such as FICA, New York City taxes, and Medicare withholdings.
New York Domestic Relations Law sets forth the laws which pertain to spousal maintenance (also known as alimony or spousal support). The intention of temporary spousal maintenance (maintenance paid during the pendency of the divorce proceedings) is to maintain the parties’ status quo. Post-divorce spousal maintenance is to help provide one spouse with financial support if they depended on the other during the marriage.
These payments are generally used to help a non-working spouse return to the workplace and regain independence after a divorce or to balance the inequities of one spouse earning substantially more than the other. The duration of post-divorce spousal maintenance depends on the length of the marriage among other factors. It is highly advisable to retain a Staten Island divorce attorney to represent you and ensure that your needs are represented.
How Is Spousal Maintenance Determined?
At The Law Office of Keith M. Casella, P.C., I am experienced at navigating the complexities of spousal maintenance. If you are able to come to an agreement out of court with the help of a divorce attorney from my firm, you may be able to save yourself the time, money, and stress of litigation.
There are many factors which are considered by judges who determine the duration and the amount of spousal maintenance payments, if any will be awarded. These include the following:
- The duration of the marriage
- If there are minor children involved
- The role each party had in the marriage
- The income/earning capacity of each spouse
- The education level/job of each spouse
- The financial obligations each spouse has
Temporary vs. Post-Divorce Maintenance
Payments made during the divorce proceedings are known as temporary maintenance, while those paid to a spouse after a divorce is post-divorce maintenance.
Spousal maintenance awards are determined by calculations set by the New York legislature. While your divorce is pending, maintenance is awarded to the spouse whose income is substantially less than that of the higher-earning spouse. Post-divorce maintenance is paid after the divorce is finalized and the duration depends on the length of the marriage.
Generally, if there are no children born of the marriage the formula employed to determine spousal maintenance is the lesser of:
- 30% of the higher-earning spouse’s income minus 20% of the non-paying spouse’s income
- 40% of the combined income of both spouses, minus the non-paying spouse’s income
This calculation is capped at $500,000 and is subject to certain statutory factors, including but not limited to the length of the marriage, the spouse’s employability, and the standard of living that the non-paying spouse has become accustomed to during the marriage.
Reviews From Our Valued Clients
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"I am pleased to say that the Casella's really did well by me. They fought for me and got me a fair result."I retained Casella and Casella for a divorce matter where i was the defendant. Divorce is never a good thing and I was expecting to be run through the mill, as they say. I mean both from my x-wife and from the attorneys. I am pleased to say that the Casella's really did well by me. They fought for me and got me a fair result.- Mike
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"Mr Casella was excellent. He kept me informed about my case and was always accessible. He achieved a great resolution of my matter. I would highly recommend Keith Casella."I used Keith Casella for my personal injury lawsuit. I was involved in a terrible auto accident. Mr Casella was excellent. He kept me informed about my case and was always accessible. He achieved a great resolution of my matter. I would highly recommend Keith Casella.- Former Client
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"They take your calls and answer questions without obligation. They're very nice to work with."So I am a recurring client of this firm. I first retained Keith Casella for a personal injury matter a few years back. While other attorneys told me I had a no case, Keith Casella was able to resolve my matter lucratively although I did not have "major injuries". I liked his demeanor and the fact that he was responsive to me despite how silly my questions were. Fast forward to now, I have since retained Mr. Casella for my divorce which was painful but my lawyer got it done for me. This law firm is my go to firm for questions and/or referrals. They take your calls and answer questions without obligation. They're very nice to work with.- Christopher
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"You are the best lawyer I have ever hired."Keith Casella I was pleased when you represented me in my divorce. I know I have the right advocate who has a great understanding of what transpired between me and my spouse. Thank you for your attention to this matter, and I wish you continued success in your profession. I wanted to thank you for your support and help in this matter. I had a wonderful experience with you during this difficult time. Your assistance with my divorce is greatly appreciated. Thanks for your prompt responses and for solving my problems without allowing me to go through any stress whatsoever. I greatly appreciate your help with my case. I would like to thank you for your support, and for guiding me through the legal process. Thanks once again for having a genuine interest in my divorce. You are the best lawyer I have ever hired.- Less
