In a divorce proceeding, one of the parties can move a petition for spousal support. However, some confuse this term with spousal maintenance as well. Though both of these terms appear to be similar, there is a huge difference between the two. Both of them entail paying a fixed sum of money periodically by one party to the marriage/divorce to the other. However, spousal support payments are paid when both the parties are married, and maintenance is given from one party to another after the divorce.
Ron Phillips New York – Laws related to spousal support
Ron Phillips is from New York, and he is an experienced lawyer in divorce and family law. According to him, spousal support is awarded in a competent court of law when it comes to spousal support. The parties have a legal obligation to give support to each other, and one of them can move a petition in court for the same.
According to Ron Phillips New York, there is no legal requirement for both the parties to the marriage to be separated for the court to pass a judgment for spousal support. In most cases, one party to the marriage moves a petition for support in the court because the couple has not obtained a divorce, and the other party is not fulfilling his/her obligations for support.
No limits by the court
Once the divorce decree is announced, the court can decide whether to grant the party spousal maintenance or not. There are time limits for spousal support, and it can also last for many years as well. However, it can also be terminated, or its terms changed. Again, the party who wishes to modify the order has to file a petition with the reasons why. In case there is no such plea made for the above, it remains the same for life.
Determination by the family court
In any divorce case in New York, the Family Court will determine whether the spouse has an entitlement to spousal maintenance, often known as alimony. Today the status quo of marriages has changed to a large extent. In the past, the husband used to go out for work, while the wife looked after the house. Now, with the changing times, the laws pertaining to divorce have also changed. In order to determine whether the spouse will get support or not, the Family Court will look into some crucial factors before they pass the judgment.
The procedure for divorce is very complicated and complex for some couples. The outcome is not always the same. According to Ron Phillips New York, it is important for you to hire a good divorce lawyer to represent you in court. The duration of the divorce proceedings is case-specific, so it is crucial for you to hire a good professional with a proven track record in the field.
You should choose a divorce lawyer with proven track records and repute in the market. At the same time, the lawyer you choose should have a sound knowledge of the laws so that you face no hassles when it comes to spousal support and other matters like child custody, distribution of property, and more.