Maintenance, support, and alimony are different terms (used interchangeably herein), yet they all refer to the same thing: the forms of payment made from one party to another after separation, during the divorce process, and after the divorce proceeding has been finalized. New York and Connecticut alimony is intended to ensure there is economic parity between the parties, to the fullest extent possible. There is no simple answer to whether or not spousal support will be awarded by the court and in what amount. It is based largely on one party’s needs and the other party’s ability to pay.

Whether you are seeking alimony or looking to protect oneself from exposure thereto, Heidi E. Opinsky and her team of alimony support lawyers are uniquely poised to help. Ms. Opinsky and her dedicated team of legal professionals will take the time necessary to evaluate your case and advise you of all your options. Regardless of the complexity of your case, our alimony support lawyer is here to ensure that your legal and financial interests are protected at all costs, especially when moderate to high-income and assets are at stake.

Fairfield County, CT Alimony Law

In Connecticut and New York, there is no requirement for the award of alimony or maintenance to a spouse, unlike child support, which is mandated. Alimony and maintenance are decided on a case-by-case basis. However, it often is awarded if there is a significant disparity between the income and earning capacities of the two parties. When considering whether to award alimony or maintenance, both Connecticut and New York courts examine the following criteria:

• How long did the marriage last
• The age and health of each of the spouses
• The quality of life enjoyed by the parties during the marriage
• Each spouse’s career, income, education, and earning capacity
• The reasonable needs of the parties
• The distribution of property as part of the divorce proceeding
• The ability of the custodial parent or spouse to work, or to become rehabilitated to resume work, if applicable
• The causes of the divorce and marital fault — this is an important part of the analysis for a permanent alimony award

Unlike some jurisdictions, there is a substantial amount of flexibility in Connecticut and New York regarding the amount of alimony awarded, if any. New York courts have less flexibility in establishing alimony and maintenance payments, relying on a specific formula to guide the payment amounts. In New York, there exists a Temporary Maintenance Statute which the courts are compelled to apply in determining an appropriate level of spousal maintenance and support to be received by a spouse. The courts may deviate from this formula, considering various factors on a case-by-case basis.

As part of the court’s discretion, it may award temporary alimony or maintenance on a limited basis during the pendency of an action, or it may provide for a permanent alimony and maintenance award which may terminate upon the death, remarriage, cohabitation events, or a durational time limit. Amounts and durational terms for permanent alimony and maintenance awards may be based upon the health, age, employment, and earning capacity of a spouse. New York and Connecticut alimony awards may be temporary during the case, known as pendente lite maintenance and alimony awards, or they may be without durational limits, such as death or remarriage, or lifetime support. Lifetime support may be awarded depending upon the length of the marriage, the earning capacity of a spouse, and the sacrifices a spouse made in foregoing his or her own career to raise the family and enable the other spouse to advance in his or her careers to obtain a superior earning capacity.

Although most people think about alimony as paid out on a weekly or monthly basis, the court may award alimony in lump sum payments or a series of varying payouts. New York and Connecticut alimony and maintenance payments can be tiered and can be reduced or increased based upon certain events, such as reaching a certain age, retirement, and earning capacities. Alimony and maintenance payments are usually tax-deductible for the party making them and qualify as income for those receiving the money. There are options to elect these payments as nontaxable and nondeductible by agreement or court order, similar to property settlements and child support. Support awards can also be allocated or unallocated. Alimony and child support provide for the benefits of more cash to the recipient spouse while providing for tax deduction benefits to the payor spouse.

An experienced alimony support lawyer can help determine whether an existing alimony award may be modified or terminated when there has been a significant change in circumstances. However, if alimony was not awarded as part of the divorce, it may not be possible to go back to the court and seek it after the divorce has been finalized. In Connecticut, a court may allow for future alimony awards to either spouse in the future by retaining the jurisdiction of the court, leaving alimony open for consideration in the future.

While there are some legal differences in the laws regarding New York and Connecticut alimony, they both have two types of maintenance/support. These are:

• Temporary alimony and maintenance, also called pendente-lite maintenance or alimony: This is awarded during the pendency of the divorce case. It ceases upon the execution of the final maintenance order or divorce judgment.
• Permanent alimony and maintenance awards upon the conclusion of the case by a determination after trial or a court-approved agreement between the parties: This award ceases upon the death or remarriage of a spouse or certain contingencies such as retirement or duration.
• Post-divorce modification of maintenance/alimony: This may occur upon substantial changes in the financial condition of either spouse, as well as other factors such as unemployment, employment, other dependents, and financial change in circumstances, health, and age.
• Permanent alimony and maintenance awards upon the conclusion of the case by a determination after trial or a court-approved agreement between the parties: This award ceases upon the death or remarriage of a spouse or certain contingencies such as retirement or duration.
• There are other related support payments to maintain the marital residence, automobiles, health and life insurance, legal and expert fees and costs.

Learn more about CT alimony guidelines here.

For those in New York and Fairfield County, Connecticut seeking assistance with alimony matters, Heidi E. Opinsky is a trusted alimony support lawyer with extensive experience representing moderate- to high-net-worth individuals during the dissolution of marriage process. As an accomplished alimony support lawyer, she regularly advises clients on issues involving maintenance and alimony payments, helping them understand their rights and obligations under the law.

Heidi E. Opinsky works closely with clients throughout the divorce proceedings to ensure that all financial needs, legal requirements, and long-term considerations are fully addressed. Beyond the initial divorce judgment, she continues to advocate for clients by assisting with the enforcement, modification, or termination of alimony orders when circumstances change. Her approach allows clients to move forward with confidence, knowing they are supported by an experienced alimony support lawyer at every stage of the process.

Contact Alimony Support Lawyer Heidi E. Opinsky

When one party in a divorce is at a significant economic disadvantage, obtaining appropriate support payments can be essential to maintaining a standard of living similar to that enjoyed during the marriage. An experienced alimony support lawyer can help ensure that you receive fair and practical support arrangements that are reflective of both parties’ financial circumstances. At the same time, when one spouse is the primary wage earner with moderate to high income or substantial assets, working with an alimony support lawyer can help protect your earnings, preserve long-term financial security, and maintain the ability to support your own lifestyle and future needs.

Heidi E. Opinsky serves as a trusted Alimony Support Lawyer for individuals navigating these complex financial issues throughout Darien, Fairfield, Greenwich, New Canaan, Ridgefield, Stamford, Westport, and the surrounding Connecticut and New York areas. Those seeking clarity or assistance from an alimony support lawyer are welcome to reach out to Heidi E. Opinsky to arrange a confidential consultation by phone at 203-653-3542, email, or through her online contact form.