Last Updated on: 28th July 2023, 07:15 pm

Understanding Alimony in Brooklyn: Types and How an Attorney Can Help

Alimony, also known as spousal support or maintenance, is a payment made by one spouse to their former partner during and after divorce proceedings. The purpose of alimony is to ensure that the supported spouse can maintain their lifestyle post-divorce and become self-sufficient over time. In simpler terms, it provides financial security for the payee when asset division and child support have already been accounted for during divorce proceedings.

Eligibility Requirements for Alimony in Brooklyn

Each state has its own eligibility requirements for alimony. In Brooklyn, the length of marriage is just one factor considered when determining whether or not a former spouse is eligible for alimony. Other considerations include limited education or work experience, ensuring that the supported spouse can become self-sufficient within a reasonable period after the divorce.

Fortunately, alimony laws are gender-neutral. It does not matter if you are male or female; if your income was higher than your partner’s income while you were married, you may be required to pay spousal support temporarily or even permanently.

Types of Alimony in Brooklyn

Brooklyn law recognizes two types of alimony: temporary (pendente lite) and post-divorce.

1. Temporary Alimony: This type of maintenance applies when the court case is still pending. The judge will grant a cash amount to help address immediate financial needs based on the supported spouse’s pre-divorce living standards and current financial need. As soon as a final order regarding spousal support is issued separately from other divorce judgments, this type of maintenance comes to an end.

2. Post-Divorce Alimony: This category refers to spousal support awarded after a divorce becomes legally final between both parties involved in earlier court proceedings.

Post-divorce alimony has further subcategories:

a) Rehabilitative/Educational Support – These payments aim at offering the supported spouse training, education, or skills that promote independence from continued dependence on the payer.

b) Durational Support – These payments are awarded for a specific period to assist the supported spouse in readjusting their life without undue stress during post-divorce rehabilitation.

c) Permanent Support – Rarely granted, permanent alimony is provided once all other types of maintenance presented and have not proven enough to support the payee’s lifestyle fully. This type of spousal support ends when either party passes away.

Limitations to Alimony Payments in Brooklyn

Alimony payments can cease immediately if one of the following conditions presents itself:

a) Death – If any party involved dies before any court order is attained, none of the above forms of alimony will be granted.

b) Remarriage – If the recipient gets remarried after separation or divorce, it automatically voids receiving additional spousal support.

c) Cohabitation – When regaining cohabitation habits with someone who actively participates in an intimate relationship assumes regular obligations relating to their past lifestyle that are characteristic of marriage-like commitments – you would lose eligibility for spousal support as well.

Benefits of Working With an Attorney On Alimony Cases

Make sure to get competent legal representation for your alimony case to avoid errors and/or poor handling. A lawyer specializing in alimony law has significant expertise and experience regarding varied cases they’ve handled previously; hence they can offer objective advice regarding your case. There are several advantages you gain when choosing a professional attorney goes through every detail concerning these proceedings into consideration:

Objectivity: Professional attorneys provide systematic solutions based on analysis, principles underlying laws and precedents using documented responses that gradually build up towards solving current situations by properly applying them;

Effective communication: Legal counsel provides impartial communication avenues ensuring ample negotiation between spouses with utmost privacy while conveying messages;

Objective preparation and documentation filing: Attorneys know precisely what kind of documentations and evidence to gather, while compiling them in the right order, making sure all relevant details are captured for winning arguments.

Provide Up-to-date knowledge: Alimony law continues to evolve, and it is undoubtedly essential that your alimony attorney stays current with these laid out rules so they can offer highly competent representation, granting you the best chance of a successful outcome.

Conclusion

Alimony, also known as spousal support or maintenance under Brooklyn Law, helps provide financial assistance for the supported spouse during divorce proceedings. Each state has its own eligibility requirements when determining who should receive alimony payments. There are also different types of alimony available depending on specific needs such as temporary or post-divorce payments. Hiring an experienced attorney will help ensure you get the legal advice required by providing objective information regarding future implications and communicate accurately with involved parties helping ensure swifter court decision processes using updated legislation-based approaches.