Your Initial Consultation is FREE 631.801.0007
We Know How to Help Because We've been where you are

Spousal Maintenance Attorneys in Suffolk County

Helping Islip & Brookhaven Residents Not Settle for an Unfair Payment

Spousal maintenance paymentWhen going through a separation or divorce, making decisions about all the various issues that arise can seem overwhelming — and spousal maintenance can be the most challenging. Regardless of whether you are seeking or defending against spousal maintenance, your financial future depends on the decision that is made. At Montefusco | Pammer, our Suffolk County spousal maintenance lawyers have handled hundreds of cases related to divorce and family law. We understand the importance of fair spousal maintenance payments and are committed to fighting for the best outcome of your case.

Contact Montefusco | Pammer at (631) 801-0007 for more information specific to your needs and circumstances.

Spousal Maintenance Basics

New York family law requires that spouses financially support one another during a marriage. Depending on the couple’s situation, this requirement may carry on after divorce. When seeking to change a marital status by a divorce or legal separation, either spouse has the right to file a petition for spousal maintenance. The court will make the final decision for or against spousal maintenance.

Who Is Entitled to Spousal Maintenance?

A number of factors affect your eligibility to receive spousal support in NY, also known as "spousal maintenance."

Typical amounts and length of spousal support in New York vary. Maintenance is usually for a certain period of time. In order to make its decision, the court will evaluate numerous factors, including some of the following:

  • Income and property between each spouse. The court will consider each spouse's financial situation. If there is a significant disparity, the chances that the less prosperous will receive support increases, as does the amount of the payments.
  • Length of the marriage. Each case is different, but, typically, the longer the marriage, the larger the payment. Spouses who have foregone employment opportunities to stay at home and care for children over the course of many years are particularly well-placed to receive maintenance payments.
  • Age and health. If you're older and suffer from major health complications, you may need more financial help. That may sway the court in favor of a higher or lengthier award of support.
  • Expected annual earnings. Both present and potential future earnings influence the judge's decision. Although you may be earning very little now, your ability to secure employment in the future may limit the length of maintenance.
  • Pursuing further education or training. It takes time to become financially independent. In recognition of that, the courts provide a financial buffer in the form of maintenance but, usually, only for the amount of time it takes to pursue the education or training needed to start a successful career.
  • Whether the other spouse interfered with the other to earn a living. Was the marriage marred by domestic violence, or did one spouse demand the other you stay at home? Did he or she impede the other's ability to maintain financial stability or career success in any way? The court will take those factors into consideration.

If a judge rules in favor of granting spousal maintenance, there are three types of spousal maintenance that can be ordered.

Types of Maintenance (Alimony) in New York

The three types of spousal maintenance are:

  • Temporary maintenance - Temporary maintenance ends once the divorce is finalized, at which point a judge can make a final decision concerning spousal maintenance. Just because a spouse was receiving temporary maintenance, it doesn’t mean they will receive permanent maintenance, and vice versa.
  • Durational maintenance - If the judge chooses to grant post-divorce support, he may order durational maintenance, which is support that is granted for a fixed period of time to enable the dependent spouse to fulfill necessary needs such as finishing an education program.
  • Permanent maintenance - The judge could decide to grant permanent support, which would only come to an end once the dependent spouse remarries or passes away.

For permanent or post-divorce maintenance, there is a fixed formula that will be used to determine the amount awarded to the supported spouse, though this amount can be changed if the court finds it to be “unjust or inappropriate.” If there’s a significant change in circumstances, creating financial hardship, permanent maintenance may be modified or terminated.

In general, spousal maintenance payments will decrease to the extent that you're able to secure a job, earn an independent living, and take care of all dependents. The support will increase to the extent that you'll face an uphill struggle to establish an independent life. Other factors include the division of property during the divorce, child care responsibilities, tax consequences, and even special circumstances that are unique to the case at hand.

Our Suffolk County spousal maintenance lawyers have years of experience successfully representing clients who are seeking spousal maintenance or defending against it. Call Montefusco | Pammer today at (631) 801-0007.

Testimonials
  • Robert, I want you to know you are a blessing! AND THANK YOU!!!

    “You are so knowledgeable and took so much time with me… for that I am so thankful!!!!”

    Lynn M.

  • He is open, honest and will not provide false promises.

    “They were exceptional in making sure conversations and milestones were communicated to me as well as very thorough in the handling of paperwork, agreement and the decree.”

    Jim

  • With Robert’s talent and experience, we never had to go to court.

    “I would definitely recommend Robert Montefusco. Thanks for all that you did for me.”

    Bob

  • I would highly recommend the Montefusco Law team as they were all great, if you want to put your best foot forward they are the team to do it with.

    “I had the honor of working with George Pammer. He is a great attorney and from the beginning until the end of my custody battle he was honest, thorough, knowledgable, aggressive, and very tactful, but also empathetic and understanding. I would highly recommend the Montefusco Law team as they were all great, if you want to put your best foot forward they are the team to do it with.”

    Nicholas P.

  • Robert Montefusco fought for me & my beliefs.

    “Robert was a realist-he was able to truthfully show the court that I was a very able, willing and capable of parenting my child more than the usual court arrangements.”

    Edward

  • Thanks from our hearts.

    “You were there when we felt our world was torn apart.”

    Matthew

  • Mr. Montefusco has the right amount of pitbull in him and uses it when the opportunity requires.

    “Mr. Montefusco and his assistant were and continue to be excellent.”

    David

  • Robert is not a stranger to arguing a motion. An added benefit that helped with my selection of Robert was his prior background as a Suffolk County Assistant District Attorney.

    “Although I am not an attorney, I deal with a lot of contact, intellectual capital and real-estate attorneys regularly and I’m a pretty good judge of character. Robert’s representation of me was outstanding!”

    Robert D.

  • I am grateful for George Pammer and the Montefusco Pammer employees, they have given me peace of mind.

    “Two months ago I was at my wit's end. I had been in court again for 4 months and it seemed to be going absolutely nowhere. I started debating switching lawyers. I was given a recommendation from a family friend and decided to go and meet with George Pammer. From the moment I walked in, I felt like I was finally being heard. He had a wonderful sense of humor and a positive personality for a pretty grim situation. He did everything to move our case along as the other attorney did every stall tactic there is. I am grateful for George Pammer and the Montefusco Pammer employees, they have given me peace of mind. Tonight I will be able to sleep knowing my son is finally safe. There are not enough thank you's in the world to repay this man.”

    Sybille N.

  • He's as good as they come, no one will fight harder for you!!

    “If you're going through a divorce do yourself a favor and see this guy!!! He's as good as they come, no one will fight harder for you!!”

    John

Get to Know Us

The Attorneys at Montefusco | Pammer Are Here to Serve You
  • Aggressive
    Approach

  • Former Prosecutor
    Experience

  • Personalized
    Attention

  • Understanding
    Representation

  • Free
    Consultations

  • Raving
    Reviews