Spousal Support Claims – Laws and Principles

Close-up of a gavel

A marriage is a legal union of two people who want to spend their lives together. There are certain rights and obligations of each spouse that have to be met. One of those rights is spousal support. The blog will discuss what spousal support is, its laws and principles, and how you can claim it.

 

What Is Spousal Support?

Spousal support is used interchangeably as spousal maintenance and alimony but there’s a difference. Spousal support is an amount paid by one spouse to another spouse during marriage and divorce proceedings, while spousal maintenance and alimony are paid after a divorce. According to Family Law, spousal support is a right and one should fight for it when marriage obligations aren’t being met. Our family lawyer can help you claim spousal support.

 

Laws And Principles Pertaining Spousal Support

The family court awards the spousal support since spouses have a legal duty to support each other financially. Furthermore, both spouses have to be alive to claim and receive spousal support. It has no term limit, and the spouse can receive the amount until the divorce or death of one of the spouses. Both the petitioner (the spouse claiming for spousal support) and the respondent (the spouse that supposedly ought to pay) can hire family lawyers.

Family lawyer’s desk with law books on it

How To Claim Spousal Support Or Maintenance

A spousal support case starts once the petitioner files a petition in the Family Court. The court then summons the respondent to be served. The judge or support magistrate decides the verdict after assessing the financial situation of each spouse. However, after a divorce, one can’t claim spousal support but can claim spousal maintenance during divorce proceedings.

 

Under the 2015 law regarding spousal maintenance, the amount is determined based upon each spouse’s income. You can use this calculator to determine your spousal maintenance amount. If you want to seek legal aid when claiming spousal support and maintenance, you’ll need the assistance of an experienced divorce attorney.

 

Ledwidge & Associates, P.C., is a trusted law firm in New York City that focuses on estate planning and Family Law Services Brooklyn and Family Law Attorney Queens. Our divorce attorney can serve spouses seeking a divorce in Brooklyn, Bronx, Long Island, Manhattan and Queens and guide them through the divorce process. Contact us now and our divorce attorney will gladly be of assistance.

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