Sitio web en Español: 

24/7/365 Emergency Hotline: 631-348-1702

Group Photo
group-photo-2024
slide-image-4-mcguire-pelaez-bennet-badge
previous arrow
next arrow

24/7/365 Emergency Hotline: 631-348-1702

If you have been arrested, or in case of an emergency, our attorneys can be reached 24 hours a day, 7 days a week, at 631-348-1702.

Five Things You Should Know About Spousal Maintenance

Spousal maintenance, also known as spousal support or alimony, is an important part of protecting the rights of spouses after a divorce. Without it, many divorcing spouses would face undue hardship, struggling to pay for themselves and their dependents without the income of their ex-spouse. Here are five things you need to know about spousal maintenance:

  1. It is not the same thing as child support
    • While spousal maintenance and child support often go hand in hand, they are not the same thing, and one can be awarded without the other. However, the decision about whether to award spousal maintenance can be dependent on whether there are other existing obligations from the divorce, such as child support. Both spousal maintenance and child support can also have an impact on the equitable distribution of the shared marital property.
  2. It is typically awarded in cases of extreme income differences
    • One of the biggest reasons for awarding spousal maintenance is when one of the spouses has a significantly higher income than the other. This could happen simply because one spouse has a much better paying job, or it could happen if one spouse took time off of work to raise their children. Whatever the case, an important purpose of maintenance is to address this inequality and prevent a serious drop in the quality of life for the spouse with the lesser income.
  3. It is more likely when a couple has been married a long time
    • A judge is more likely to award spousal maintenance when a couple has been together for a long time. This is because the longer the couple has been together, the more dependent they have presumably become on each other’s income, and therefore the more it hurts when that second income is taken away. It also addresses issues that may arise due to inequality that might occur due to a large amount of personal property being intermingled with shared marital property.
  4. There are different types of spousal maintenance
    • There are three types of spousal maintenance in New York. The first, temporary maintenance, is paid during the divorce itself and ends when there is a final order of divorce or when a more permanent award is granted. The second, rehabilitative maintenance, is awarded when one spouse has been out of the workforce for some time and needs money to get on their feet. The third, permanent maintenance, lasts indefinitely after divorce, usually with some predetermined end point (such as the spouse getting remarried).
  5. Spousal maintenance is dependent on judicial discretion
    • The decision about whether to award spousal maintenance is ultimately up to the judge presiding over the case. Because of that discretion, there is a great deal of variation in the decision about whether to award maintenance in various cases. That is why it is important to be represented by a lawyer with knowledge of family and divorce law, who can argue on your behalf and get you the best chance at a favorable outcome.

If you have questions regarding spousal maintenance or other aspects of family law, you should seek advice from an attorney experienced in handling these matters. A New York matrimonial lawyer, who is experienced in handling family law cases of all sorts, can advise you of your legal rights and will fight for your best interests in court. If you are facing a dispute related to the equitable distribution of property, child custody, child support, or any other family law issue, contact the Suffolk County family court lawyers at McGuire, Peláez and Bennett at (631) 348-1702 or visit our contact page.

Leave a Reply

Your email address will not be published. Required fields are marked *


The reCAPTCHA verification period has expired. Please reload the page.

Reviews

Mi experiencia con los los Abogados en Mcguirre, Peláez son muy profesionales le recomendaría a mucha de mis amigos hispanos
I can’t recommend Brett Bennett — or really, anyone at McGuire, Peláez & Bennett — highly enough. Hiring Brett was hands-down one of the best decisions I’ve made (and trust me, given why I needed a lawyer, I’ve made some questionable ones).

From the start, Brett made the whole process so much less stressful. He’s approachable, sharp, and always available to chat — no legal jargon, no intimidation, just solid, straightforward guidance. My case wasn’t exactly simple, but Brett’s expertise and understanding of the law turned what felt like a mess into a remarkably favorable outcome. Way beyond what I expected.

Also, special shoutout to the receptionist — she was an absolute gem. Every time I called, she was kind, helpful, and somehow managed to make the whole experience feel a little less daunting.

Bottom line: Brett was affordable, worth every penny, and then some. If you’re reading reviews wondering who to trust with your legal headache — take it from me, this is your guy.
Los abogados son expertos en lo que hacen. Me an ayudado anteriormente y hicieron un buen trabajo. Las muchas de frente son muy buena gente.
Response from the owner:Gracias. Thank you Juan.
Daslin helped so much in reducing my traffic ticket. All points were absolved, and I just had to pay a fee. I highly recommend!
Response from the owner:Thank you Yanni. We're proud of our staff and their commitment to excellence and professionalism. We are so happy to have been able to help you.
I couldn't be more pleased with the service. When I found myself in a frustrating traffic ticket situation, their team clearly explained my options, answered my questions, and resolved the issue. My ticket was reduced to 0 points and just a small fee. Special thanks to Daslin!
Response from the owner:Thank you John. So glad we could help.
Response from the owner:Thank you Edgar!
js_loader
Skip to content