What You Need to Know About Spousal Support in New York

Divorce can be one of the most overwhelming experiences in anyone’s life. Emotions are high, and the confusion about the legal processes can add to that stress. If you’re here, it’s likely that you’re facing a situation where spousal support, also known as alimony, is part of your divorce proceedings. Navigating this part of a divorce can be difficult and emotionally taxing, but it’s important to understand what spousal support is, how it’s determined in New York, and how an attorney can help you get a fair result in your case.

Jean M.
Mahserjian, Esq.

Ashley
Mahserjian, Esq.

Taylor J.
Alimari, Esq.

 

Joe
Capisciolti, Esq.

 

At Mahserjian & Mahserjian-Ortiz, PLLC, we understand that facing a divorce is an emotional and sometimes confusing time. You may be feeling overwhelmed by the legal complexities and unsure about what to expect in your spousal support case. We are here to help guide you through every step of the process. Our goal is to ensure that your rights are protected and that you understand all the options available to you. We work with you to develop a strategy that gives you the best chance of a favorable outcome.

What is Spousal Support in New York?

Spousal support is financial assistance provided by one spouse to the other after a divorce. It’s meant to help the lower-earning spouse maintain a similar standard of living to what they were accustomed to during the marriage. In New York, spousal support can come in the form of temporary, rehabilitative, or permanent payments depending on the circumstances. Temporary spousal support is awarded while the divorce case is still ongoing. This type of support is meant to provide financial stability during the divorce process and is typically given to help the lower-earning spouse meet their daily expenses. Rehabilitative support is for a limited period and is intended to help the spouse gain the skills or education necessary to become financially independent. This could include paying for job training or schooling. Permanent spousal support is rare and typically only granted in cases where the spouse seeking support is unable to work due to age, health, or other significant reasons. This form of support continues indefinitely unless a substantial change in circumstances occurs.

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How is Spousal Support Determined in New York?

In New York, the courts look at a variety of factors when determining whether spousal support is appropriate and how much should be paid. These factors include the length of the marriage, the income and property of both spouses, the standard of living during the marriage, the age and health of both spouses, the ability of the paying spouse to support themselves while also paying support, and the need for the spouse seeking support to maintain a similar lifestyle. A judge has the discretion to adjust the amount depending on the specific details of the case. The state has guidelines that help determine spousal support amounts, but these are only guidelines and not fixed rules. A judge will carefully consider all of the factors mentioned above when making a decision. While the guidelines provide a starting point, the judge’s discretion allows for a more personalized approach that takes into account the unique circumstances of each case.

How Does Spousal Support Affect Your Divorce Settlement?

Spousal support can have a significant impact on the overall divorce settlement. Whether or not spousal support is awarded, and how much is awarded, can affect the division of property and assets, as well as child support arrangements. It’s important to consider the impact of spousal support on your overall settlement when negotiating your divorce. The financial need for support may also be influenced by other factors in the case, such as the division of marital assets or the amount of child support being paid. For example, if one spouse is already paying a significant amount of child support, the court may consider this when determining how much spousal support should be paid.

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How Can a Lawyer Help With Your Spousal Support Case?

Having a lawyer by your side throughout the process can make a huge difference in the outcome of your spousal support case. A lawyer can help you understand the different types of spousal support, determine which type is appropriate for your case, and advocate for your best interests in court. An experienced lawyer can also help you understand how the guidelines for spousal support apply to your specific situation. They will guide you through the complexities of the legal process, making sure that all necessary documents and evidence are provided. With their help, you can ensure that the court understands your side of the case, whether you’re seeking spousal support or trying to prevent it from being awarded. In addition, a lawyer can help you negotiate with your spouse or their legal representation outside of court. Many spousal support cases are settled through negotiation and settlement agreements rather than a lengthy court battle. A lawyer will be able to guide you in these negotiations, ensuring that you are treated fairly and that the terms of the agreement are in your best interest.

How Long Does Spousal Support Last in New York?

The length of time that spousal support lasts in New York depends on the circumstances of the divorce and the type of support that’s awarded. Temporary spousal support ends when the divorce is finalized, and rehabilitative support typically lasts until the spouse seeking support can become financially independent. Permanent spousal support, as mentioned earlier, continues until the recipient spouse remarries or there is a significant change in circumstances, such as a change in income or health. The length of time spousal support is paid can also be influenced by factors such as the length of the marriage and the needs of the spouse receiving support. For example, in long marriages, a judge may be more likely to award permanent spousal support. Conversely, in shorter marriages, the support might be limited to a shorter period of time.

What Happens if There is a Change in Circumstances?

In some cases, circumstances change after spousal support has been awarded. If either spouse experiences a significant change in income, health, or other factors, it’s possible to request a modification of the spousal support order. For example, if the paying spouse loses their job or the recipient spouse finds a well-paying job, a request for modification could be made. It’s important to note that modifications are not automatic. A court must be convinced that there has been a significant change in circumstances that warrants a change to the original support order.

The Importance of Having the Right Lawyer

Spousal support is a critical issue in divorce cases, and having the right lawyer can make all the difference. Understanding the complex factors involved in spousal support and the options available to you can ensure that you get the support you need or avoid an unfair support obligation. With a knowledgeable lawyer by your side, you’ll be able to navigate the process with confidence and ensure that your rights are protected. At Mahserjian & Mahserjian-Ortiz, PLLC, we understand the emotional and financial strain that divorce and spousal support cases can put on you. We are here to help you get through this challenging time with clarity and support. If you are dealing with a spousal support issue in New York, our team is here to assist. Let us guide you through the process and help you achieve the best possible outcome for your case. Contact us today to discuss your case and how we can help.

To learn more about this subject click here: Spousal Support and the Impact of Job Loss in New York