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Spousal Support
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Spousal
Support & Maintenance |
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When a couple
separates or
divorces, one spouse
may be eligible to
receive financial
support from the
other in the form of
spousal support or
spousal maintenance
(commonly referred
to as alimony).
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The two parties can
reach a mutual
agreement or spousal
maintenance may be
an Order of the
Court. Ideally, the
purpose of spousal
support is to make
each spouse
self-sustaining
after the
termination of the
marriage. A
pre-nuptial
agreement has the
power to dictate
property and support
agreements in the
event of the
dissolution of the
marriage.
There are different
types of spousal
support:
Temporary
"Pendente lite"
or temporary spousal
support can be
issued pending the
official termination
of the marriage.
This temporary order
is replaced by a
final order once a
ruling has been made
in the case.
Rehabilitative
Rehabilitative
Support are payments
given to a spouse
over a period of
time that are
designed to enable
the individual to
obtain a career
(through education
of training) and
become
self-supporting.
Duration
Depending on the
particular
circumstances,
support is usually
ordered for a given
time period.
A typical court
order for spousal
support terminates
upon the death or
remarriage of the
supported spouse. In
extreme cases,
support could be
"permanent" to
sustain the previous
quality of life.
Purpose
Spousal support is
different then child
support. The
difference between
the two is the
purpose of the
support. With
spousal support, the
intention is to
provide for the
spouse and make him
or her
self-sustaining,
without regard to
the support of the
children. The amount
and duration may be
modified by the
Court with the help
of an attorney.
There are different
factors that are
reviewed to
determine amount and
duration of spousal
support.
Potential
Factors
-
Age and health
of both spouses
If the supported
spouse is of
advanced age or
suffers from a
medical problem
which would prevent
him or her from
obtaining a career
(thus preventing him
or her from becoming
self-supportive).
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- Duration of
Marriage
Typically length of
the marriage is an
important factor in
determining amount
and duration of
support.
In some cases, dual
income spouses who
were married for a
relatively short
time, irrevocably
waive their right to
seek support from
each other.
In a relatively
long term marriage,
either spouse may
petition the Court
to modify the amount
or duration of
support payments,
based upon a change
of circumstances.
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- Needs of
each spouse
The needs of each
spouse are based on
different criteria
including the
standard of living
established during
the marriage and the
obligations and
assets of each
spouse.
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Self-Sustainability
One spouse may have
had an impairment of
present or future
earning capacity due
to periods of
unemployment during
the marriage that
were devoted to
domestic duties or
child rearing. It is
often more difficult
for this supported
spouse to attain
self-sustainability
upon a divorce or
separation.
Therefore, spousal
support would help
him or her create
marketable skills
for employment, such
as attainment of
education, training,
or a professional
license.
If you have any
questions or need
help with Spousal
Support, please
contact us at
(518)
218-7100.
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Tully, Rinckey & Associates, PLLC
Attorneys & Counselors at Law
ALBANY OFFICE
-
441 NEW KARNER ROAD
- ALBANY NY,
12205 - PHONE:
518-218-7100
- FAX:
518-218-0496
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Rinckey and Associates, PLLC
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