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Understanding Alimony in New York

At the Law Offices of Donald Mastrodomenico, P.C., we understand that spousal support cases can become frustrating and confusing matters to handle. Families can sometimes feel frustrated and confused about these matters. When you enlist our legal services, you and your best interests become our first priority.


Whether you're seeking alimony or facing spousal support obligations, our team can help. Call us today at (718) 268-8111 or contact us online for a free legal consultation with an experienced Queens spousal support attorney.


What is Spousal Support?

Sometimes referred to as alimony, this is a court-ordered mandate that requires one spouse to provide financial assistance to his or her former spouse after they have finalized their divorce.

In New York, spousal support is intended to help the lower-earning spouse maintain a standard of living similar to what was enjoyed during the marriage. It can also be awarded when one spouse has a significantly higher income or greater earning potential than the other.

Regardless of which side you are on, our firm will ensure that your rights are protected and that a fair ruling is secured.

What are the Types of Spousal Support?

Spousal support is not a one-size-fits-all solution. In New York, there are several types of alimony that may be awarded depending on the circumstances of your case.

The primary types of alimony include:

  • Temporary Alimony: This support is provided during the divorce proceedings to help the lower-earning spouse maintain a standard of living similar to what they had during the marriage.
  • Rehabilitative Alimony: This type is intended to support a spouse who needs time to acquire education or training to become self-sufficient.
  • Permanent Alimony: Awarded in cases where one spouse cannot become self-supporting due to age, disability, or other factors. This support continues until the recipient remarries or either spouse passes away.
  • Durational Alimony: This is a fixed-term support designed to assist a spouse for a specific period, especially in shorter marriages.

Each type of alimony serves a unique purpose and can significantly impact your financial landscape post-divorce. Our experienced spousal support attorneys at the Law Offices of Donald Mastrodomenico, P.C. can help you navigate these complexities, ensuring you understand your rights and obligations. 

How is Spousal Support Determined in New York?

New York family law courts will examine many factors when deciding who will give the support and how much it will be.

Factors Influencing Spousal Support Decisions:

  • Income of each spouse
  • Length of the couple's marriage
  • Education level of each spouse
  • Each spouse's potential to obtain employment
  • Expenses related to raising children
  • Distribution of property
  • Living conditions prior to separation
  • Age and health of both spouses
  • Financial and non-financial contributions to the marriage
  • Standard of living during the marriage
  • In some cases, the grounds for divorce under which your marriage was dissolved.

The duration of payments and total amounts are determined on a case-by-case basis, and New York family law courts are permitted to consider a wide variety of issues while making their decisions about your alimony. 

Our experienced Queens alimony lawyer from the Law Offices of Donald Mastrodomenico, P.C. can advocate for you. This kind of dedicated defense may make all the difference in the outcome of your case.

Modifications of Spousal Support

In some cases, the terms of spousal support can be modified after the divorce is finalized. If there is a significant change in circumstances either party may petition the court for a modification of the spousal support order.

Common reasons for seeking a modification include:

  • Loss of income: If the paying spouse loses their job or faces a significant decrease in income, they may request a reduction in spousal support.
  • Change in the recipient’s circumstances: If the recipient spouse becomes financially independent or remarries, the paying spouse may seek a reduction or termination of maintenance.
  • Increased financial need: If the recipient spouse experiences an increase in their financial needs, they may request an increase in the support amount.

The court will review the situation and determine whether a modification is warranted based on the specific circumstances of the case.

Contact Our Queens Spousal Support Attorneys for Assistance!

When you entrust your alimony case to a lawyer at our firm, you can be confident that you are in good hands. We are well-versed in New York's laws regarding alimony cases and are determined to help you reach a favorable resolution. As a result of our 400 divorce cases filed each year, we are well-known in the New York court system.


If you are facing any complication with your spousal support, contact a Queens divorce lawyer from the Law Offices of Donald Mastrodomenico, P.C. immediately. Call now - (718) 268-8111


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  • Expertise 2020

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