When a marriage ends, one of the most contentious issues can be spousal support. Spousal support, also known as alimony, is money paid by one spouse to the other after a divorce. In New York, spousal support is determined by several factors, including the length of the marriage, the income and earning capacity of each spouse, and the standard of living during the marriage.
Here is a comprehensive guide to understanding spousal support laws in New York.
Types of Spousal Support
In New York, there are two types of spousal support: temporary and permanent. Temporary spousal support is paid during the divorce proceedings, while permanent spousal support is paid after the divorce is finalized.
Temporary Spousal Support
Temporary spousal support, also known as pendente lite support, is designed to help the lower-earning spouse maintain their standard of living while the divorce is pending. This type of support is usually calculated based on a formula that takes into account the income of both spouses and the number of children they have. Temporary spousal support ends once the divorce is finalized.
Permanent Spousal Support
Permanent spousal support is paid after the divorce is finalized. It is designed to provide ongoing financial support to the lower-earning spouse. In New York, the court will consider several factors when determining the amount and duration of permanent spousal support, including:
- The length of the marriage
- The income and earning capacity of each spouse
- The age and health of each spouse
- The standard of living during the marriage
- The needs of the custodial parent, if there are children involved
- The court will also consider any agreements made by the spouses regarding spousal support
Duration of Spousal Support
The duration of spousal support in New York is generally determined by the length of the marriage. For marriages that lasted less than 15 years, spousal support will generally be awarded for a duration equal to 15% to 30% of the length of the marriage. For marriages that lasted more than 15 years, the court may award spousal support for an indefinite period of time.
Modifying Spousal Support
Spousal support can be modified if there is a significant change in circumstances, such as a change in income or health. The court may also modify spousal support if the receiving spouse remarries or cohabitates with another person.
Spousal support can be a complex issue, and the laws governing it can vary by state. If you are going through a divorce and are concerned about spousal support, it is important to consult with an experienced family law attorney. In New York, spousal support is determined based on several factors, including the length of the marriage, the income and earning capacity of each spouse, and the standard of living during the marriage. Understanding these factors can help you navigate the spousal support process and ensure that your rights are protected.
It is also important to note that spousal support is not guaranteed in every divorce case. In New York, spousal support is awarded based on a case-by-case basis, and the court will consider the specific circumstances of each case before making a decision.
Additionally, spousal support can be awarded to either spouse, regardless of gender. In the past, spousal support was primarily awarded to women, but this has changed in recent years as more men have become primary caregivers and/or lower-earning spouses.
Finally, it is important to consider the tax implications of spousal support. In the past, spousal support was tax-deductible for the paying spouse and taxable income for the receiving spouse. However, as of 2019, this has changed, and spousal support is no longer tax-deductible or taxable income.
In conclusion, spousal support can be a complex and emotionally charged issue during a divorce. It is important to understand the laws and factors that are taken into consideration when determining spousal support in New York. If you are going through a divorce and have concerns about spousal support, it is important to seek the advice of an experienced family law attorney who can guide you through the process and protect your rights.
Jean M. Mahserjian, Esq., P.C is a law firm that specializes in family law, including spousal support cases. We can provide legal guidance and representation throughout the spousal support process, from the initial consultation to the final agreement or court order.
Some ways that Jean M. Mahserjian, Esq., P.C can help with a spousal support case include:
Explaining the Law: The attorneys at Jean M. Mahserjian, Esq., P.C have a deep understanding of the spousal support laws in New York. We can explain the laws and how they apply to your specific case, helping you to make informed decisions.
Calculating Spousal Support: We can help you calculate the amount of spousal support that you may be entitled to or may have to pay. We can take into account the relevant factors, such as the length of the marriage, the income and earning capacity of each spouse, and the standard of living during the marriage.
Negotiating Agreements: The firm’s attorneys can negotiate with your spouse or their attorney to reach an agreement on spousal support. We will work to protect your interests and ensure that you receive a fair and reasonable amount of support.
Representing You in Court: If an agreement cannot be reached, the attorneys at Jean M. Mahserjian, Esq., P.C can represent you in court. We will present your case to the judge and argue on your behalf to obtain the best possible outcome.
Modifying Spousal Support: If there is a significant change in circumstances, such as a change in income or health, the firm’s attorneys can help you modify your spousal support agreement or court order.
Jean M. Mahserjian, Esq., P.C can provide invaluable legal support during a spousal support case. We can help you navigate the process, protect your rights, and ensure that you receive a fair and reasonable amount of support.
