Legal Question in Family Law in New York

alimony

been married 3 years -am i entitled to alimony?-lived together 5 years prior to marriage.need to know if entitled to any pensions etc.


Asked on 5/30/02, 4:18 pm

3 Answers from Attorneys

John Hayes The Law Office of John M. Hayes

Re: alimony

In general, your rights to the whole of the delights and benefits of equitable distribution are "vested in full" regardless of how long you are married.

That being said - - the question of being entitled to alimony {now usually referred to as "maintenance"} is a bit more complex. There are underlying issues of pre-marital financial picture / likely post-marital financial prospects / earning capacity ... several factors, including the length of the marriage.

There really isn't any "short form" way to try to help you get a better understanding of all that's involved.

You need to consult, face-to-face, with a lawyer.

If you doubt that you can afford to hire an attorney, you should contact the Bar Association in the county where you live to see if they have a referral program. They probably do. Through this program you can arrange an "initial consultation" with an attorney experienced in these issues for a very minimum payment.

You would be under no obligation to hire that attorney.

Regards, etc.,

J.M. Hayes

>>--> The foregoing amounts to musings and observations based on some years familiarity with the 'day-to-day' operation of the law with regard to the issues involved In The Most General sense; my remarks should not be thought of as "legal advice and counsel" in the formal sense of that phrase, since there is, in fact, no 'attorney / client' relationship existing between us. <-<<

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Answered on 5/31/02, 12:55 am
Amy L. Finch, 845-362-0387 Amy L. Finch, Attorney and Counselor at Law

Re: alimony

Generally, courts in New York are reluctant to award alimony, now called "maintenance." If you are able to work, the odds are you will not get maintenance.

All marital property is divided at divorce, and this includes any pensions earned during the marriage.

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Answered on 5/31/02, 5:50 am
Daniel Clement Law Offices of Daniel Clement

Re: alimony

The length of a marriage is just on factor to determine the right to maintenance and equitable distribution. You question does not provide enough facts to answer.

I suggest you consult with an attorney, in private, to explore your options. Let me know if I can be of help.

Daniel Clement

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Answered on 5/31/02, 9:53 am


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