Determining Spousal Maintenance Obligations

Alimony disputes are common in a divorce. One spouse will think he or she is going to have to pay too much, and the other will think he or she will receive too little. Recent changes to the law here in New York, however, have removed some of the drama from alimony disputes.

Additionally, you will still need an attorney to ensure you are receiving fair treatment by the courts. At The Law Office of Castrovinci & Mady in Suffolk County, we have a long track record of representing clients with a great deal of assets at stake. We will fight to find a resolution that allows you to move on from your divorce on sound financial footing.

Proving The Need For Alimony

The decision to award alimony will ultimately be left up to the courts. However, a new change to New York law has brought alimony determinations in line with how the courts determine child support payments. By using a so-called "calculator," the court will take into account factors like:

  • The duration of the marriage
  • The financial obligation of both spouses
  • The earning capacity of both spouses
  • The need of one spouse to obtain educational training to improve his or her earning capacity
  • The presence of minor children, and which spouse has physical custody of the minor children

Whereas judges had broad discretion in the amount of spousal maintenance to award, they are now much more constrained by the new formula. We keep up to date with changes in the law to ensure that you receive fair treatment by the courts.

Additionally, if you believe your spouse is concealing assets, our legal team is particularly adept at uncovering financial evidence to help create a compelling case on your behalf.

Contact Us Today To Talk With An Experienced Lawyer

At The Law Office of Castrovinci & Mady, we have seen nearly every type of family law dispute and divorce issue. With more than 40 years of combined legal experience, we know how to protect your rights during every stage of the divorce process, including well after the divorce is final. Contact our firm in Smithtown by calling 631-352-2898 to schedule your free consultation and case evaluation.