Attorney Jansen will help you to understand your rights, options and potential obligations under New York’s current Domestic Relations Law (“DRL”) and under the current and ever-evolving case law.  She will work zealously to protect your rights and financial interests at the time of divorce.

Spousal Support:  During separation or divorce, spouses often require and are entitled to spousal support commonly referred to as maintenance. There are generally two types of permanent spousal support in New York State: non-durational (where the period of maintenance is not fixed) or durational (where the Court fixes the period of time over which a spouse received maintenance), as well as temporary payments. If you are the non-monied spouse, you want to ensure that you collect the full amount of maintenance you are entitled to receive. Similarly, if you provide the principal source of income in your household, you want to protect yourself against unreasonable and impossible payment obligations. In 2010, the legislature added a number of different factors that courts must take into consideration when making a determination as to a final award of maintenance.

Determining your right to collect or your obligation to pay maintenance, as well as its duration and amount, involves analysis of the parties’ incomes (W-2 or 1099 wage earner vs. small business owner vs. “cash” occupations), their assets, tax consequences, lifestyle analysis, property division and vocational capacities. From the stay-at-home parent to the well compensated business person, it is important to know your rights and work with an experienced attorney you can trust.

Legal separation may later transition to a formal divorce. If so, much of the groundwork—like spousal support or custody terms—will already be set. We guide you through the entire process, step by step.