When a couple decides to divorce, the court decides whether to award spousal maintenance. This can set for life and for some time only. However, in a majority of cases, the spousal maintenance, the award is just set for a specific period of time.
Both spousal maintenance and support are gender-neutral. They can be given to both men and women by the court. However, in the state of New York, there are fewer cases where men have applied for spousal maintenance or support. This is mainly due to the fact that men still continue to earn more than females, and even after children are born, they prefer to stay in the workplace.
Ron Phillips New York – Factors taken into consideration for spousal maintenance
Ron Phillips New York is an eminent lawyer in family law and divorce. According to him, when the family court decides on spousal support, it takes into consideration the standard of living of both the parties to the divorce while they were married. It also takes into consideration the income and the property of each party to the divorce. In order to fic the duration and amount of the maintenance award, the court considers the following factors-
- The income and the property of each person, with the inclusion of the share of each spouse in the marital property when divided by the court.
- The duration of their marriage.
- The health and age of the spouses.
- The current and future earning ability of both the spouses.
- The need for a spouse to incur training and education expenses.
- The presence and the duration of a joint household before the marriage or separate households prior to the divorce.
- Actions of one spouse against the other that will inhibit their earning capacity in the future.
- Whether the person seeking maintenance has decreased or lost the capacity for a lifetime, earning ability, or the capacity to get a job.
- Where their children live.
- Whether the earning capacity of one of the spouses is inhibited by the care of their children, step-children, in-laws or elderly in-laws, and adult children with disabilities.
- Whether one of the spouses will have problems finding work due to absence from the workforce or age.
- The consequences of tax to each spouse, and other factors.
These are the main factors that the courts take into consideration for spousal support and maintenance.
According to Ron Phillips New York, it is important for you to choose a lawyer with experience in the field when it comes to spousal maintenance and support. You want the court to look into your best interests, and with the right lawyer, you are able to get the decree in your favor without tensions.
When you are meeting your lawyer, you must make sure that you are comfortable with the terms of the support or maintenance after the court has passed it. Discuss with your lawyer what your expectations are so that he/she can help you get the award for your best interests without hassles at all!