Spousal Support in New York
Skilled representation in spousal support (A.K.A. alimony) matters, customized to the needs and goals of our clients located in New York City, Manhattan and Brooklyn.
Understanding Spousal Support IN NEW YORK CITY
What is Spousal Support?
Spousal support in New York is a financial provision made by one spouse to the other during or after a divorce or legal separation. This support aims to ensure that both parties can maintain a standard of living similar to that enjoyed during their marriage. During the divorce process, one spouse may request spousal maintenance, often referred to as spousal support or alimony in New York, from the other. The couple might agree on this amount beforehand through negotiation or pre-existing agreements, such as a prenuptial or postnuptial.
However, if the parties cannot agree, the court steps in to decide on the necessity, amount, and duration of the payments. Under the law, spousal support in New York is determined based on various factors, and consulting with a skilled attorney in spousal support can provide clarity and direction on how to proceed.
Factors Considered by the Court When Determining Alimony Payments in New York
Under the law, spousal support in New York is determined based on various factors, ensuring fairness and consistency in spousal support awards. Here are some of the factors that are determined:
- Income and property of both spouses
- Length of the marriage, including any time the couple lived together before and after the marriage
- Age and health of both spouses
- The present and future earning ability of each spouse, including the reduced ability of one spouse due to the delaying of education or career opportunities, and the inability to earn due to age or absence from the workforce
- Need for one spouse to gain education or training, and how long this might take
- Acts that prevent a spouse’s ability to gain employment or increase earning ability (for example, mental or physical abuse)
- Where children from the marriage live
- Any need to care for family members other than children
- Any need to pay for exceptional expenses, such as schooling and medical care for children
- Tax consequences to each spouse resulting from paying or receiving alimony
- What property was awarded during equitable distribution
- Loss of health insurance due to the divorce
- Contributions and services by the spouse seeking alimony, such as homemaker
- Contributions, and any wasteful dissipation (use) of marital property by either spouse or unfair transfer or hiding of assets.
When the judge looks at these factors, there is no fixed formula used to make the decision. Both parties will present evidence to the judge in support of their case, and the judge will make the decision based on an assessment of the entire set of circumstances. It’s important to consult with our experienced spousal support attorneys at Brian D. Perskin & Associates to be prepared.
Required Financial Documents for Spousal Support Cases
When navigating the complexities of spousal support in New York, both parties must provide comprehensive financial documentation. Here is a breakdown of the types of documents and financial records typically required:
- Tax Returns and W-2 Forms
- Pay Stubs
- Bank Statements
- Investment Records
- Property Valuations
- Debt Statements
- Retirement Account Statements
- Health Insurance and Medical Expenses
- Educational Expenses
- Life Insurance Policies
Gathering and organizing these documents early in the divorce process can expedite negotiations and court proceedings. More importantly, it ensures that the determination of spousal support in New York is based on accurate and up-to-date financial information. Consulting with a skilled attorney experienced in spousal support matters can provide invaluable guidance in preparing your documentation and advocating for your financial interests throughout the divorce process.
Does Having an Affair Impact Spousal Support?
Marital fault, including adultery, is not commonly considered by the court when awarding alimony and in dividing marital property. In particular, adultery will not automatically result in an award of alimony.
In New York, marital fault, including adultery, typically doesn’t influence alimony decisions or the division of marital assets. Adultery alone does not guarantee or deny alimony. However, the situation changes if marital assets are significantly spent on an affair. Spending on gifts, trips, or other aspects of an extramarital relationship can be seen as “wasteful dissipation” of marital assets. In such cases, the court may consider this behavior when deciding on spousal support, among other factors. This underscores the complexity of how personal conduct intertwines with financial rulings in divorce cases.
How Long Is Spousal Maintenance Paid?
In New York, the duration of spousal support, also known as spousal maintenance, isn’t set in stone—it varies greatly from one case to another. This flexibility ensures that spousal support in New York can be tailored to the specific needs and circumstances of each couple. Several factors influence how long one spouse might need to pay support to the other. These include the length of the marriage, the financial situation of both partners and what each person might need to become financially independent.
Can I Get Spousal Maintenance Before the Divorce Is Finalized?
Yes, it’s possible to receive spousal maintenance before your divorce is officially finalized in New York. This type of financial support is often referred to as temporary spousal support or maintenance. The main purpose of temporary spousal support in New York is to ensure that the lower-earning spouse can maintain a relatively stable financial situation throughout the divorce process. It helps cover living expenses, legal fees, and other necessary costs during this transition.
The process for obtaining temporary Spousal Support in New York begins with filing a request with the court. This request should clearly outline the need for financial support, backed by detailed information about both spouses’ incomes, living expenses, and the standard of living established during the marriage. The courts will then use specific guidelines to determine the amount of support, taking into consideration factors such as the length of the marriage, the health and age of both spouses and their current and future earning capacities.
It’s important to understand that temporary spousal support is just that—temporary. It’s designed to last only until the divorce is finalized. Once the divorce is complete, the court may decide on a new arrangement for post-divorce spousal maintenance, which could either continue, adjust, or terminate the support based on the finalized divorce agreement. This ensures that individuals seeking spousal support in New York have financial protection not only during the divorce process but also as they transition into their new life post-divorce.
Frequently Asked Questions
A judge will determine how long alimony or spousal support is supposed to paid for. Learn More
In the state of New York all property and income acquired during the length of the marriage is subject to equitable property. Learn More
Spousal support or alimony can be awarded depending on a variety of factors such as income, the length of the marriage, etc. Talk to our Spousal Support Attorneys to get started. Learn More
Hiring a Divorce Attorney You Can Count On
At Brian D. Perskin & Associates P.C. we know how difficult facing a divorce can be. Let us craft a strategy for handling your case and guide you through the process to help you reach an agreement you can be confident in.