There is a presumption in New York divorce law that the higher earner has benefited from the contributions of the lower earner, who may have chosen to forego certain educational opportunities or career paths in order to raise kids, take care of the home, or otherwise play a support role in the higher earner’s life.
While that may or may not be the case in your particular circumstance, if you don’t want to provide spousal maintenance in any form, you’ll need to present a compelling case for why that should be.
Spousal maintenance must be addressed in the settlement agreement, and can be structured in a number of ways.
For instance, you and your spouse may decide that you will provide support during a several-year period during which time your spouse will complete educational or job training opportunities that allow them to restart their career.
Open-ended agreements that can be revisited at a future date are also an option, as is a lump sum payment.
If you’re concerned about alimony after your divorce, call the Queens divorce attorneys at Zelenitz, Shapiro & D’Agostino today at 718-523-1111 for a free consultation.
