Legal Question in Family Law in New York

Alimony

I am a full-time student and have one more year until I receive my degree. I was wondering if I have grounds for alimony since we were married since 1993 and I was a stay-at-home mother to 2 until they began school, then I went back to college. I am not employed, and am curious as to if I have grounds for alimony in addition to child support once I can afford to file for a divorce.

Thank you so much for any assistance you can provide in referece to this matter.


Asked on 5/15/06, 12:16 pm

2 Answers from Attorneys
Alexander Sklavos Law Offices of Alexander E. Sklavos, PC

Re: Alimony

There is no alimony - just maintenance. Maintenance is established to help a non-monied spouse become self supporting. As such, you may have a claim - but be careful, he may have a claim against you as well for what is called enhanced earning capacity.

If you need assistance and are seeking counsel, please call our office for an appointment. five one six, two four eight, four thousand.

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Answered on 5/15/06, 12:31 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Alimony

Yes, you do. Alimony is now called 'spousal maintenance' and is intended to help the dependant spouse become self-supporting.

Your work towards a college degree fits this paradigm very well. You would very likely be awarded maintenance.

You do not need to save-up for a lawyer. There is a process called 'pendente litem' relief. That is an order from the judge for your spouse to pay your legal fees.

You are welcome to a consultation for no fee. Email is best to make an appointment.

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Answered on 5/15/06, 1:48 pm


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