Huntington divorce lawyers

Alimony Issues in Huntington, NY

Alimony Issues in Huntington, NY – Huntington Divorce Lawyer

Are you living in Huntington, NY and contemplating divorce? Whether you’re contemplating, anticipating or going through a divorce at the moment you may be wondering whether you or your spouse is eligible for support or obligated to pay. For over 30 years, Simonetti & Associates, a Huntington Divorce Lawyer, has advised clients in both Nassau and Suffolk County on how to handle these types of issues.

In general terms, Alimony is the payment that one spouse makes to another during or after a divorce. The purpose is to ensure that supported spouses continue to live the same or a similar lifestyle as they did while they were married.

When determining Alimony courts use a set of guidelines to calculate “pendente lite” or temporary maintenance. If they find that the amount calculated is “unjust or inappropriate” they take other factors into consideration like:

  • The age and health of both spouses
  • The spouses’ standard of living during the marriage
  • Both spouses’ earning capacities

There are also consequences of failing to make Alimony payments. Including:

  • Failure to make combined payments of child and spousal support can result in New York driver’s license suspension under the NY Vehicle and Traffic Law (VTL) 510.
  • The court holding spouses who fail to make support payments in civil contempt of court.

It is common for both spouses to create a joint agreement that determines how much spousal support each part receives. If this does not work, the next step is to bring in a professional such as a third-party mediator or an attorney. If an agreement can still not be reached, the courts will be forced to take over. This means that both spouses will be issued a spousal support order.

When it comes to divorce, Alimony is one of the most emotional issues causing disagreements. It is one of the most challenging issues to resolve. We understand the letter of the law and the practical way the courts operate to decide who gets what and how much. If you have questions for our Huntington Divorce Lawyer or would like to set up a free consultation contact us today at 877-385-2560.