Asset Protection
If you are going through a divorce, alimony may be awarded to either party. Not every divorce has an alimony award, but it is not uncommon for a spouse to seek alimony from their partner. Alimony will typically be awarded when one spouse can show that the divorce is going to have a significant financial impact on their life.
Requesting alimony can be difficult, especially when the parties cannot come to an agreement. It is always beneficial to hire an attorney at the onset of divorce, before filing any paperwork. The New York City alimony attorney at Randi Karmel, PLLC has handled numerous divorce cases involving alimony requests. If you are considering requesting alimony, or you suspect your spouse will seek alimony, it is imperative that you consult one of our attorneys as soon as possible.
What Can an Alimony Attorney Do for You?
When you are trying to negotiate your alimony amount or adjust a pre-arranged amount, an alimony attorney, sometimes referred to as a spousal support attorney, can help. If your spouse refuses to pay the agreed-upon sum, your lawyer can help you file a lawsuit. If you want to seek a certain amount, an attorney can compile all the necessary documentation to justify the amount.
If you are going through a divorce and your divorce attorney does not specialize in spousal support issues, you may need to hire an alimony lawyer. Divorce attorneys frequently cover the full divorce process, including spousal support. However, that is not always the case and it is best to ask what services are covered before hiring an attorney.
What is Alimony?
The New York court system typically refers to alimony as “spousal support” or “maintenance.” Spousal support is money paid to one spouse from the other for as long as they are married, and spousal support has no mandatory time limit. Spousal support can be awarded for a short period of time or have no time cap.
A spousal support petition is filed in Family Court to begin a spousal support case, alongside a divorce case. The other party must be “served” a summons, the petition, and the financial disclosure form when a support petition is filed, which will notify parties of hearing dates.
The Judge will want to know about both spouses’ financial positions. A copy of the most recent tax returns, pay stubs, and a completed Financial Disclosure Affidavit will be requested by the court. After hearing both sides, the court will decide how much support one spouse should give to the other, if any.
Types of Alimony Awarded in New York
There are two types of alimony awards in New York:
- Temporary spousal support/temporary spousal maintenance
- Post-divorce spousal support/post-divorce spousal maintenance
If temporary spousal support is awarded, this is only a short-term award for that will last while the divorce is ongoing, and once the divorce is finalized, the spousal support will cease.
Then, post-divorce spousal support is exactly what it sounds like, an alimony award that is paid after the divorce is finalized. This award will either have a durational timeline or be permanent.
Contact Our Alimony Attorneys at Randi Karmel, PLLC
Contact us today, so that we can discuss your divorce and figure out what type of alimony is best for you. Contact the New York City alimony attorneys at Randi Karmel, PLLC by filling out the online form or calling 212-755-0224 for our Manhattan office, or 718-923-0877 for our Brooklyn office. We have cases throughout all five boroughs in New York City.