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Long Island Late-Life Divorce Attorney

Divorcing Late In Life Tends To Be More Complex Due To There Being More Assets Involved. And If There Are Potential Medical Considerations, Business Ownership Interest and/or Blended Family Dynamics Involved Among Other Things, Addressing These Factors Properly Can Make A Big Difference In The Ultimate Outcome Of Your Divorce & Your Family’s Future.

We Know We’re Not The Only Divorce Lawyers In Long Island, And We Know You May Be Searching For The Right Attorney to Help You. We’re Different. We Have Successfully Handled A LOT Of Late-Life and Senior Divorces, Probably Just Like Yours. We Do Not Complicate Cases For Extra Billing, Really Care and Seek To Resolve Everything Fairly.

Why Choose Hedayati Law Group for Your “Gray” Divorce Case?

  • Highly Reviewed & Rated – Highly rated on Google. See some of our client reviews below.
  • We Understand Late In Life Divorce – When older couples divorce, there can be complexities that aren’t necessarily present in other divorce situations. We’ve seen just about everything when it comes to late-life divorce and can help you navigate these waters successfully.
  • Free Case Evaluation – Your first consultation with us is Free of Charge, ensuring we can best serve you.
  • Because Your Family and Happiness Are at Stake – The smoother and fairer this process goes, the better the post-divorce interactions tend to be. This is better for the children (when applicable), you, and your ex-spouse.
  • Personalized Attention – We understand and respect that every client’s needs are unique. We treat all of our clients with the attention they deserve.
  • No Case Is Too Difficult or Complex – This is where our firm’s experience and depth of knowledge come into play. No matter how difficult your case may seem, we fight for you and pursue your best outcome with tenacity.
  • Responsive – We pride ourselves on fast response times when communicating with our clients. We will never let your questions or concerns go unaddressed.
  • Straight Shooters – Your situation requires honesty from both us and you. We will tell you what you need to know, not necessarily what you want to hear. You can count on us to give you the honest (sometimes hard) truth about what to expect on the road ahead so that you can be prepared in every way possible.
  • Caring & Compassionate (truly) – We have a personal connection to divorce and family law matters. We know what you’ve been through and care about your well-being. You are more than just a legal matter.
  • We Keep You Updated – We know transparency is important to you. We want you to know what’s happening with your case at all points in the process.
  • Unmatched Experience – Over 150 Years of combined experience.

Tell Us Your Situation.

Call (516) 334-4100(516) 334-4100 or fill out the short form below. We will usually respond within 1 business day but often do so the same day. Don’t hesitate, your questions are welcome.

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The 10-year Rule and Spousal Maintenance in New York

Financial support provided by one spouse to the other after a divorce is referred to as spousal maintenance, or alimony, in New York. This support is intended to help the spouse with lower earnings maintain their basic needs after divorce. Eligibility for spousal maintenance is significantly impacted by the 10-year rule, a critical component of the process in New York.

The issue is ensuring alimony is fair. All too often, clients come to us after working with another attorney with modification of alimony requests because important details were missed or the agreement was poorly negotiated.

Key Points of the 10-Year Rule

  • Duration of Marriage: In New York, the marriage must have lasted for a minimum of ten years.
  • Financial Need: The requesting spouse must lack sufficient property and income to provide for their minimum reasonable needs.
  • Efforts to Earn Income: The requesting spouse must show that they have made an effort to earn sufficient income or develop the skills to become self-supporting. This requirement may be waived due to physical or mental disability, duties as the custodian of a child with special needs, or another compelling reason. This point is typically subject to the most abuse by one side or the other in terms of the actual reality of the situation and requires solid investigation and documentation to avoid over- or underpayment.

Exceptions to the 10-Year Rule

While spousal maintenance is typically awarded in marriages that lasted 10 years or longer, there are exceptions where the court can award it even if the marriage was shorter than 10 years. Challenges related to family violence, disability of a spouse or child, and other considerations may apply as exceptions to the rule. Contact Hedayati Law Group for guidance on whether this applies to you.

Duration and Amount of Spousal Maintenance

Several factors determine the amount and duration of spousal maintenance in New York and are subject to specific limitations:

  • Duration: The court aims to limit the duration of maintenance to the shortest reasonable period that allows the recipient to earn sufficient income. However, specific caps are in place:
    • Up to five years if the marriage lasted 10 to 20 years.
    • Up to seven years if the marriage lasted 20 to 30 years.
    • Up to ten years if the marriage lasted more than 30 years.
    • Indefinite duration if the recipient spouse has a disability or is the custodian of a child with a disability.
  • Amount: Spousal maintenance varies depending on certain factors. Call Hedayati Law Group to tell us about your situation.

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What To Do Now

We welcome your questions and want to understand your situation to help you move forward and achieve the peace of mind that comes with having everything done properly and efficiently. Call our law office at (516) 334-4100(516) 334-4100 with questions and a description of your situation to see how we may be able to assist or schedule a consultation. Or you may simply fill out the form above on this page. Your form will be directly emailed to our office, and you can expect a reply within one business day, and often within hours the same day. All information you share is confidential.