Maintenance and spousal support are related ideas that cover different needs in different situations under different court procedures. Basically, maintenance refers to the interim or permanent alimony that is approved or awarded by the Supreme Court judge in a divorce proceeding. Spousal support is the more limited emergency or subsistence award granted in Family Court, especially during a period of separation.
The relationship between spousal support and maintenance can be confusing, and it makes sense to work with divorce lawyers who understand the legal, practical and jurisdictional considerations that will define your rights and guide your strategic decisions on either side of an alimony issue. Contact Figeroux & Associates in Brooklyn to work with experienced matrimonial attorneys.
New York Maintenance Attorneys: Call 718-222-3155.
If you’re the one who needs financial support from the other spouse, we can help you decide whether to seek the necessary relief in Family Court or the Supreme Court. Family Court procedures are less formal and limited to the determination of support awards necessary for the basic needs of a spouse and children. Family Court can be crowded and slow, but it gets the job done. If your alimony needs relate more to continuing interests rather than immediate financial pressures, it’s probably better to deal with your maintenance needs in the Supreme Court as part of a comprehensive divorce litigation strategy. Most alimony negotiations are closely related to the property division issues that come up in a New York divorce, and only the Supreme Court can resolve both the maintenance and property distribution issues.
In some cases, a case that begins in Family Court will be consolidated with a divorce action in the Supreme Court, and the Family Court proceeding goes away. Supreme Court procedure is more formal, sophisticated and expensive, but the rulings tend to be based on more complete information and more fully developed legal arguments and discussions of the evidence. In general, the more you have to argue about, the better sense it makes to go to the Supreme Court, Our law firm also represents the spouses expected to pay maintenance or support. The recent amendments to the New York divorce laws have significantly shifted the balance of power toward the financially weaker spouses, and people expecting to pay alimony should be prepared to develop a solid strategy for managing their exposure to interim or permanent alimony obligations from the very beginning of the case.
With nearly 16 years of experience focused on divorce and matrimonial law. Figeroux & Associates offers dependable legal and practical advice on support and maintenance issues. For additional information, contact Figeroux & Associates in Brooklyn.