Sophisticated Legal Representation in Matrimonial Law

White Plains Spousal Maintenance Lawyer

Spousal maintenance — often called “alimony” — can be one of the more complex and contentious issues to be handled in a divorce. Lawrence B. LaRaus, Esq. represents clients in spousal support matters pursuant to divorce.

We help clients with support claims involving:

Temporary spousal support orders — orders for support during the course of the divorce litigation
Permanent spousal support orders — orders for support payments to be made regularly after the divorce is finalized
Spousal support modifications — whether one of the spouses got a new job or other factors have changes, requiring a modification of the orders

Determining Divorce Spousal Maintenance Awards

There are two types of permanent spousal support in New York State: non durational or durational, as well as temporary payments. If you are a dependent spouse, you want to ensure that you collect the full amount of support you are entitled to. Similarly, if you are the primary wage earner, you want to protect yourself against unmanageable payment obligations. There are many factors that go into making maintenance determinations and ultimately, the court decides on a case by case basis. It is important that you have effective advocacy presenting relevant evidence on your behalf.

The New York State Legislature in 2010 enacted a provision providing for the calculation of temporary spousal support during the pendency of the divorce action. The new legislation provides the court with a mathematical formula to calculate temporary maintenance based upon the respective incomes of the parties. Lawrence B. LaRaus, Esq. has extensive experience handling all aspects of maintenance and support, including both prosecuting and defending claims for temporary maintenance.

In June 2015, both houses of the New York Legislature passed Assembly Bill A7645-2015. This new law corrects and revises the 2010 temporary maintenance provisions, and most importantly, introduces the same computational formula to post-divorce maintenance determinations, with specific revisions to the cap of the payor’s income. It was the intent of the legislature for this new enactment to replace the “needs” analysis central to maintenance awards in final divorce judgments. Lawrence B. LaRaus, Esq. has extensive experience handling all aspects of maintenance and support, including both prosecuting and defending claims for post-judgment maintenance.