Voted Best Long Island Divorce Lawyer

Simonetti & Associates, Nassau County Divorce Lawyer

Long Island Spousal Maintenance Attorneys Explain New York Alimony Law.


Providing capable negotiation and litigation leading to fair awards.


Spousal maintenance, or alimony, exists so that divorce does not enrich one spouse at the expense of another. If you’re anticipating a divorce, you may wonder whether you or your spouse are eligible for support or obligated to pay. For over 35 years, Simonetti & Associates has advised clients in both Nassau and Suffolk County on handling these issues.

We understand the letter of the law and the practical way the courts operate to decide who gets what and how much.


What types of spousal support are available on Long Island?


New York law makes several types of spousal support available to accommodate different circumstances, including:


  • Temporary spousal maintenance: The court may award pendent lite relief so dependent spouses can maintain their accustomed lifestyle during the divorce process.


  • Fixed-time/durational maintenance: The court may grant rehabilitative support to allow recipient spouses to improve their employment potential. Recipient spouses may undergo job training, further their education, or seek relevant work experience to become self-sufficient. This type of support can also help a stay-at-home parent with custody of small children remain with the children until they reach school age.


  • Permanent/lifetime maintenance: Permanent spousal support continues until the paying spouse, the recipient, or the recipient’s death or remarriage. The court can adjust this type of support depending on the circumstances of the former spouses.


How does the court on Long Island calculate alimony awards?


Final orders of spousal maintenance differ from pendente lite and child support because there are no strict mathematical guidelines for the calculation. Instead, New York’s domestic relations law requires the court to consider numerous factors when deciding whether alimony is appropriate:


  • The property and income of both parties
  • The duration of the marriage
  • The age and health of both parties
  • The present and future earning capacities of both parties
  • The ability of the party seeking maintenance to become self-sufficient
  • The reduced or lost lifetime earning capacity of the party seeking support as a result of having delayed education, training, or career opportunities
  • The presence of children of the marriage in the home of the parties
  • The tax consequences for each party
  • The waste of marital property by either spouse


Because the court has the discretion to consider so many different factors, having an experienced divorce attorney present your circumstances in the most favorable light is essential. Though courts can modify alimony amounts, you must show that your circumstances have changed dramatically. The best way to arrive at a fair support number is to get it the first time around. Otherwise, you’ll have to rely on your spouse’s willingness to sign a formal document setting forth a new agreement.


How can you receive spousal support?

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


See our Long Island, New York, married maintenance / Alimony lawyers for a free consultation to discuss your alimony concerns in Nassau and Suffolk Counties.


You can meet with our Long Island-based spousal maintenance lawyers for a free consultation to discuss your spousal maintenance concerns in Nassau and Suffolk Counties. Simonetti & Associates are conveniently located in both Nassau and Suffolk County to provide valuable legal representation at a low cost. If you have any questions and are unable to speak directly with us, we return phone calls promptly, even if they are after business hours. If you’re contemplating divorce or unhappy with the attorney currently handling your case, contact us online or call us at 877-385-2560 today. We offer flexible appointments and free consultations at our Westbury office, and We return phone calls promptly, even after business hours.

Request A Free Consultation

Fill out the form below and we will contact you as soon as possible. Not a fan of filling out forms? We understand, call us at 1-877-385-2560 and we can set up your consultation over the phone.

    Name (required)*

    Email (required)*



    How did you locate our site?

    How would you like to be contacted?


    Reason you would like to be contacted*

    I agree to the terms in the disclaimer.*
    Attorney Advertising. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.