Understanding New York's New Approach to Maintenance and Support
If you need advice about maintenance or spousal support in divorce or separation, contact Arroyo Copland & Associates, PLLC in Albany to learn the best ways to protect your interests, whether you are the person who needs to receive payments or the one who will be expected to make them.
The recent amendments to the New York divorce laws that introduced no-fault divorce as an option in our state also significantly changed the way spousal maintenance is awarded in a divorce case. Under the previous rules, the spouse seeking maintenance bore the burden of proof as to both the need to receive payments and the ability of the other spouse to pay them, both during the divorce case and as a limited, temporary or long-term alimony award as part of the divorce decree.
Under the new laws, the financially weaker spouse, whether unemployed or working in a job that pays substantially less than the other spouse, benefits from a shift in the burden of proof. The moneyed spouse is now presumptively liable for maintenance and the other spouse's reasonable attorney fees from the outset of the divorce, unless he or she can prove that the other spouse does not actually need to receive payments or that there is no practical ability to make the maintenance payments in the requested amount.
At Arroyo Copland & Associates, PLLC, our Albany spousal maintenance law attorneys apply decades of professional experience to advise and protect clients on either side of maintenance/alimony issues. As a focused matrimonial law firm, we can show you how maintenance and support negotiations relate to the property division issues presented by your case, or how they can be affected by a prenuptial agreement.
Our lawyers will explain the differences between maintenance issues that are normally resolved in Supreme Court proceedings as part of a divorce case, and the less formal procedures related to spousal support rights and obligations in Family Court. We will advise you of the strategic considerations that go into choosing one court or the other and, when necessary, we can consolidate a support motion filed in Family Court with a divorce case in Supreme Court.
Capital District Alimony/Spousal Maintenance Lawyers: Call 518-464-6000
We represent clients throughout the Capital District and upstate New York on spousal maintenance and support issues. When possible, we work toward fair results through negotiation and agreement, but whenever necessary to protect your interests, we will not hesitate to present your case in court.
For additional information about your maintenance or support rights or obligations under the unique circumstances of your case, contact Arroyo Copland & Associates, PLLC in Albany.