Determining Elements in Spousal Support Calculation

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Spousal Support Calculation

Attorney Rosemary Rivieccio has focused her New York practice on divorce and family law for more than 20 years. In that time, Rosemary Rivieccio has helped numerous couples to understand and calculate spousal support.

Spousal support, also known as a maintenance award, offers financial stability and a step toward independence for the receiving party. The factors to be considered by the Courts in awarding maintenance include the standard of living of the parties during the marriage, the income and property of the parties, the distribution of marital property, the duration of the marriage, the health of the parties, the present and future earning capacity of both parties, the ability of the party seeking maintenance to become self-supporting, and the reduced or lost lifetime earning capacity of the party seeking maintenance. In a matrimonial action, the court may order maintenance in such amount as justice requires. The amount and duration of spousal maintenance rests in the discretion of the trial court, and each case is to be decided on its own unique facts.


Preparing for a Divorce Trial

Rosemary Rivieccio has been practicing law in New York for more 20 years. A regular guest speaker at local law schools and a lecturer at CLE courses, she is the owner of a family and divorce law practice and is knowledgeable in a wide range of areas, including relocation cases and child support matters. Rosemary Rivieccio represents clients in all aspects of family and divorce law and handles settlement, appellate, and trial work.

Going to trial for a complicated divorce is often time-consuming and draining for those involved. However, preparing ahead of time can help the process move along a bit more smoothly. If you are not already, get actively involved in the trial process. Discuss strategies with your attorney and be available to answer any questions or sign documents. This not only makes your attorney’s job a bit easier, but also helps you stay ahead of various hiccups that may happen during the trial. Beyond that, being actively involved ensures you fully understand the risks of going to trial. Even if there is a high chance that the judge will rule in your favor, it is impossible to say for certain how a judge will rule.

If you are going to testify in court, there are several additional things you can do to prepare. Practice what you are going to say before the court date, and ask your attorney for help with running a mock trial or answering certain questions that you may be confused about. Make sure you discuss the typical procedures that go on during a trial along with your burden of proof and any complicated trial issues. When you are actually on the stand, pay close attention to the question being asked, and focus on giving truthful answers that are as short as possible. Further, stay calm during the process, and try to avoid becoming angry.