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Queens Spousal Support

Spousal support, also referred to as alimony or maintenance, aims to ensure that both parties can maintain a reasonable standard of living post-divorce, particularly when there is a significant income disparity between them. Even in the most amicable divorce proceeding, the issue of spousal support can lead to acrimony. In order to understand your legal rights related to spousal support, contact an experienced New York spousal support lawyer. New York has complex laws and formulas related to spousal support and other financial requirements related to divorce proceedings. Stephen Bilkis & Associates understands the law and is here to help ensure that your legal rights are protected.

Types of Spousal Support in Queens

Spousal support can take various forms, each addressing specific needs and circumstances:

  • Temporary Spousal Support: This is awarded during divorce proceedings to maintain the financial status quo and provide necessary assistance to the financially dependent spouse until a final agreement is reached.
  • Rehabilitative Spousal Support: Aimed at helping the supported spouse acquire the necessary skills or education to become self-sufficient and financially independent, this form of support is temporary and focused on achieving financial autonomy.
  • Reimbursement Spousal Support: Provided to compensate a spouse who supported the other in pursuing education or career advancement during the marriage, reimbursing them for their contributions.
  • Permanent Spousal Support: Although not always truly permanent, this form offers ongoing financial assistance to the supported spouse, typically until they remarry or either party passes away. It ensures long-term financial stability and support.

Understanding the nuances of these spousal support types is crucial when navigating divorce proceedings. Consulting with an experienced Queens spousal support lawyer can provide valuable insights and guidance to determine the most suitable form of spousal support based on individual circumstances.

Determinations of Spousal Support in Queens

The purpose of spousal support is to ensure that both parties maintain a reasonable standard of living post-divorce, particularly if there's a significant financial disparity. The determination of spousal support is a meticulous process that takes into account various factors to achieve financial fairness. In Queens, the court considers multiple aspects when determining spousal support. This includes assessing the income and assets of each spouse, including their earning capacity, to determine a fair amount for spousal support. Longer marriages often result in a higher likelihood of spousal support being awarded, considering the financial interdependence established over the years. Maintaining a comparable lifestyle post-divorce is a key consideration, aligned with the standard of living experienced during the marriage. Additionally, the health and age of each spouse are evaluated, especially when health issues affect the ability to work and earn income. Lastly, the contributions of each spouse to the marriage, whether financial or non-financial, are recognized in determining spousal support.

Modifications to Spousal Support in Queens

Life is unpredictable, and circumstances change. Hence, there are provisions in the law that allow for the modification of spousal support when significant life changes occur post-divorce. Several grounds can warrant a modification of spousal support in Queens:

  • Change in Income: A substantial change in either the paying or receiving spouse's income can be grounds for modification. If the paying spouse's income decreases due to unforeseen circumstances like job loss or health issues, they may request a reduction in spousal support. Conversely, if the supported spouse experiences a significant increase in income, the paying spouse may seek a reduction.
  • Job Loss or Change in Employment: Losing a job or experiencing a significant change in employment status can impact one's ability to fulfill the spousal support obligations. In such cases, seeking a modification based on the changed financial circumstances becomes crucial. However, as an Queens spousal support lawyer can explain, if the loss of employment is intentional, the court may not approve a change in spousal support.
  • Health Issues: If either spouse suffers from a severe health condition that affects their earning capacity or ability to meet their financial obligations, a modification may be warranted. Medical conditions that limit employment opportunities or increase medical expenses can be valid reasons for seeking a change in support.
  • Remarriage or Cohabitation: If the supported spouse remarries or starts living with another person, it can lead to a termination or reduction of spousal support. The assumption is that the new partner's income contributes to the supported spouse's financial stability.
  • Retirement: Upon reaching the age of retirement, the paying spouse may experience a decrease in income. Retirement can be a valid reason to seek a reduction in spousal support since it impacts the paying spouse's financial capacity.

To initiate the modification of spousal support in Queens, the party seeking the change must file a formal request with the family court. It's imperative to provide substantial evidence supporting the need for modification based on the change in circumstances. This evidence may include financial documents, medical records, or proof of cohabitation or remarriage.

Navigating the complexities of modifying spousal support requires legal expertise. Consulting with an experienced family law attorney in Queens is crucial to ensure that the modification request is appropriately filed and substantiated. Attorneys can assist in gathering the necessary documentation, presenting a compelling case to the court, and representing the interests of their client effectively.

Spousal Support and Pre- and Post-Nuptial Agreements

Prenuptial and postnuptial agreements hold significant influence over various aspects of a marriage, particularly in the event of divorce. These legal contracts establish the division of assets, spousal support, and other financial arrangements, allowing couples to proactively plan for the future. When valid and properly executed, these agreements guide the distribution of assets and liabilities, shaping the outcome of the divorce proceedings. However, it's crucial to ensure these agreements meet legal criteria and consider both parties' interests. Courts in Queens generally uphold these agreements, emphasizing fairness, transparency, and voluntary consent. Seeking guidance from an experienced family law attorney in Queens is essential to draft, review, or challenge such agreements, ensuring they align with state laws and accurately represent the parties' intentions.

Contact Stephen Bilkis & Associates

Navigating spousal support matters in Queens, necessitates the expertise of a seasoned family law attorney. Our skilled spousal support attorneys serving Queens are committed to providing personalized legal solutions and guidance to individuals involved in spousal support cases. If you have questions or concerns regarding spousal support, we invite you to reach out for a consultation. We will provide tailored advice, helping you make informed decisions that protect your rights and financial future. Your peace of mind and financial stability are our top priorities. Contact us today to schedule a consultation and take the first step toward securing your financial well-being during and after divorce. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Queens, Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Staten Island, Suffolk County and Westchester County.

Client Reviews
My ex-husband hadn't paid child support or the mortgage on the house as he was supposed to. Stephen Bilkis and his team of lawyers were amazing. They stopped the foreclosure on the house, Got a judgment against him and most importantly kept me and my children in the house. Can't say enough good things about him in the firm their compassion hard work and dedication were exceptional. I.G.
From the very first phone call to Stephen Bilkis' office, the staff was extremely polite and helpful in assisting me. Mr. Bilkis was honest and upfront with me from the beginning in what he projected the outcome of my case would be; in the end we got better results than either of us anticipated. He was very genuine and compassionate in understanding my situation and how this legal matter could effect not only myself but my family as well. I highly recommend this law firm and will most definitely continue using them for any future legal needs. Jarrett
Stephen has handled numerous estate matters, criminal matters and family court matters effectively and with a goal-oriented approach. He gets great results and is a results-oriented attorney. Dustin