If you are on the verge of becoming involved in a divorce case, or if you already are in the midst of marriage dissolution proceedings, you must understand your essential legal rights. You also need to understand the essential elements of divorce law.
When it comes to commencing a divorce case, the parties file what are known as motions for temporary orders. Temporary orders address issues that include child custody, child visitation or parenting time, and child support. The issue of temporary alimony can also be brought before the court at the start of a divorce case.
At its essence, alimony is awarded in a limited number of cases when one of the parties to a divorce is unable to meet his or her financial needs without financial assistance from the other spouse, according to Cornell University School of Law. Maintenance can be awarded on a temporary basis during divorce proceedings. It can also be awarded for a period of time when a divorce case concludes.
New York Temporary Divorce Calculator
The state of New York has enacted a law that establishes strict guidelines about when and how much alimony can be awarded on a temporary basis during a divorce case. Indeed, parties to a New York divorce utilize what is known as the Temporary Spousal Maintenance Guidelines Calculator.
The calculator has general parameters that are designed to address a case in which temporary maintenance is sought and the parties have joint income of $175,000 or less. In cases in which the joint income of the parties exceeds $175,000, a set of 13 other factors come into play when considering temporary maintenance. These factors are enumerated specifically in New York state law:
- the age and the general health of the parties
- the necessity of one party to access or incur education or training expenses
- the present or future earning capacity of the parties
- the termination of a child support award during the pendency of the temporary maintenance award
- the wasteful dissipation of martial property
- the existence and duration of pre‐marital joint household or a pre-divorce separate household
- acts by one party against another that have inhibited or continue to inhibit a
party’s earning capacity or ability to obtain meaningful employment
- the availability and cost of medical insurance for the parties
- the care of children or stepchildren, disabled adult children or stepchildren, elderly parents or in-laws provided during the marriage
- the tax consequences to each party
- the standard of living of the parties established during the marriage
- the reduced or lost earning capacity of the payee as a result of having forgone or delayed education, training, employment or career opportunities during marriage
- any other factor which the court shall expressly find to be just and proper
Retain a New York Temporary Alimony Lawyer
The first step in retaining a New York temporary alimony lawyer is to schedule an initial consultation. Through an initial consultation with a New York temporary alimony lawyer, you will be able to obtain an evaluation of your case. You will be able to learn what your rights or obligations may be when it comes to temporary maintenance in your case.
During an initial consultation, you will also have the ability to obtain additional information about temporary maintenance, and you will be able to raise any questions you might have about your case. As a general rule, a New York temporary alimony lawyer does not charge a fee for an initial consultation.