Nassau County Spousal Support Lawyer

How is Spousal Maintenance Determined?

When the court makes decisions about whether to award spousal support or alimony, the court will assess the past, present, and future lives of all parties. Some of the important factors that the court will consider include:

• Income and property of each spouse
• Length of the marriage
• Age and health of the parties
• Present and future earning capacity
• A spouse's need to undergo training
• Existence of joint household before marriage
• Ability of parties to become self-supporting
• Where the children live
• Property distribution award

Because there are so many factors that can affect the size and duration of spousal support, having the aid of a legal professional familiar with such proceedings is a significant advantage. Divorce proceedings are a financial strain by themselves. Having the guidance and negotiation skills of an experienced Nassau County spousal support attorney can help ensure that you receive the spousal support you deserve.f

Does Adultery Affect Alimony in New York?

Adultery & Fault-Based Divorce

Cheating is one of the most common reasons why people get divorced. Some "no-fault" states such as California don't consider cheating in a divorce case. However, in New York, the court may consider evidence of adultery depending on the case.

New York law defines adultery as a spouse having sexual intercourse with someone other than their spouse. To seek a divorce based on adultery, one must be able to provide evidence of the cheating from a third-party such as a private investigator.

How Cheating Affects Alimony

Alimony is awarded on a case-by-case basis and is determined by a variety of factors including as listed above. Marital misconduct, including adultery is not usually considered by the court when dividing property and awarding alimony.

However, if a spouse commits adultery and spends a good portion of the marital assets on the lover; for example, expensive gifts, vacations, hotel rooms, or even rent money, the judge may find such behavior to be a "wasteful dissipation" of the marital assets. When this happens, any such adulterous activity may become a factor when a judge considers awarding alimony. Don’t hesitate to contact our firm to learn more.

Contact Jason M. Barbara & Associates, P.C.

At Jason M. Barbara & Associates, P.C., our firm has represented clients who are seeking to receive spousal support or maintenance, and who have been ordered to pay support. In addition, we have successfully negotiated practical and favorable arrangements for our clients.

Do you need an attorney for a spousal support case in Nassau County? We are comprised of professional legal personnel who serve clients throughout Nassau County. As you pursue spousal support or maintenance, or if support is being pursued from you, our firm can take actions to protect your life.

Contact us by calling (516) 406-8381 at your earliest convenience. We can use our experience to fight for your rights!