Spousal Support in Nassau County

Spousal support, often known as alimony or maintenance, plays a vital role in post-divorce life by aiming to maintain a fair standard of living for both parties, especially in cases where there's a significant income gap. However, this aspect of divorce can swiftly transform even the most amicable proceedings into contentious battles. The notion of providing financial assistance can evoke strong emotions and disagreements during the divorce process. While the paying spouse may be resentful that they have to financially support someone to whom they are no longer married, spousal support is about ensuring financial fairness and stability as both individuals step into their new, separate lives. If you are involved in a divorce that involves spousal support, a skilled Nassau County spousal support lawyer is invaluable in navigating these complexities and advocating for your rights. At Stephen Bilkis & Associates, we understand the significance of spousal support and are dedicated to safeguarding your rights, offering skillful legal assistance tailored to your unique circumstances.

Types of Spousal Support in Nassau County

There are several different types of spousal support, each tailored to the specific needs and circumstances of the parties involved. Whether you are seeking spousal support or may have to pay it, it’s important to understand the options and the specific type of spousal support that makes most sense for you. Discuss these options with an experienced Nassau County spousal support lawyer.

• Temporary Spousal Support: Temporary spousal support is provided during the divorce proceedings to help the lesser-earning spouse maintain their financial stability. Generally, this type of support ceases once the divorce is finalized, and a permanent support arrangement may replace it.
• Durational Spousal Support: Durational spousal support is a type of alimony that falls between temporary and permanent support. It's awarded for a specific period, providing financial assistance to the lower-earning spouse for a predetermined duration. The primary objective of durational support is to help the dependent spouse get back on their feet, acquire necessary skills, education, or training, and become financially independent. It recognizes that a sudden end to financial assistance can be challenging for the receiving spouse, especially after a long-term marriage during which finances were shared. Durational support provides a bridge to self-sufficiency.
• Permanent Spousal Support: Permanent spousal support is awarded in long-term or permanent marriage cases. While it is not always truly permanent, it’s duration is indefinite and often continues until the receiving spouse remarries or either spouse passes away. The aim is to ensure that the dependent spouse maintains a lifestyle similar to what was experienced during the marriage.
• Reimbursement Spousal Support: Reimbursement support may be appropriate in cases such as when one spouse helped the other by providing financial support for college, professional school, or in some other way with the expectation that because of their marriage, they would benefit from the financial investment. If the marriage ends before the benefit is realized, the supporting spouse may be entitled to reimbursement.
• Lump-Sum Spousal Support: Lump-sum support involves a one-time payment, often utilized when the paying spouse has substantial assets but prefers not to make ongoing monthly payments. While this may free the paying spouse from ongoing payments, it may be challenging for the receiving spouse if they fail to manage it appropriately.

Factors Influencing Spousal Support

Spousal support is not an automatic outcome in divorce cases. Whether the court orders spousal support depends on several factors, and each case is assessed individually based on its unique circumstances.

A critical consideration is the financial need of one spouse. If one party is financially dependent on the other, the court may order spousal support to ensure the dependent spouse can maintain a reasonable standard of living after the divorce. The income and earning capacity of each spouse are also taken into account, especially if there is a substantial disparity. In such cases, the lower-earning spouse might need financial assistance to sustain a comparable lifestyle.

The duration of the marriage is another significant factor influencing spousal support decisions. Longer marriages are more likely to result in a spousal support order, particularly if one spouse has been financially reliant on the other for an extended period. Maintaining the standard of living established during the marriage is crucial. If one spouse is unable to uphold that standard due to financial constraints, spousal support may be deemed necessary to bridge the gap.

Health and age are also considered, especially for spouses who may struggle to enter the workforce and support themselves due to health issues or advanced age. Additionally, the contributions made by each spouse to the marriage, whether financial or non-financial, are evaluated, including contributions to the household, career sacrifices, and various other aspects.

The court will make a determination as to whether spousal support is appropriate after a thorough examination of the financial circumstances of both parties and the contributions of each party during the marriage. It is essential to consult with an experienced spousal support attorney in Nassau County to help ensure that your case for receiving or against paying spousal support is properly submitted to the court.

Spousal Support and Pre- and Post-Nuptial Agreements

Prenuptial and postnuptial agreements play a significant role in shaping spousal support decisions during divorce proceedings. In fact, they can be dispositive. These legal contracts outline the financial terms and obligations of each spouse in the event of a divorce. If a pre- or post-nuptial agreement addresses spousal support, it will likely have a substantial impact on whether support is ordered, the amount, and the type.

Firstly, such agreements can waive or limit spousal support entirely. If a prenuptial or postnuptial agreement clearly states that one party will not be entitled to spousal support, the court typically honors this provision. Courts generally respect the wishes of the parties as long as the agreement meets legal requirements.

Secondly, such agreements can define the amount and duration of spousal support. Couples can negotiate and agree upon the terms of spousal support, including the amount and duration, which can override the default rules under New York law.

However, it's important to note that these agreements must meet certain legal standards to be enforceable. They should be fair and entered into voluntarily. In addition, there must have been full financial disclosure and there must not have been duress or coercion. If an agreement is found to be unconscionable or unjust, a court may set it aside or modify the terms, especially if it would lead to an unfair outcome or cause financial hardship.

Contact Stephen Bilkis & Associates

At Stephen Bilkis & Associates, we understand that every divorce case is unique, and spousal support issues can vary widely from case to case. Our experienced spousal support attorneys serving New York provide personalized legal strategies to secure the best possible outcome regarding spousal support. We believe in transparent communication and make sure our clients are informed at every step of the legal process. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Nassau County, Staten Island, Suffolk County, Queens, Bronx, Brooklyn, Long Island, Manhattan, and Westchester County.

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