Spousal Support and Alimony Under New York Divorce Law
Spousal support is a less-common consideration during divorce cases than it was in decades gone by. Nonetheless, New York's divorce laws do still allow for awards of alimony (now called spousal support) under certain circumstances.
Do you have questions about spousal support — will you have to pay spousal support or will spousal support be paid to you? If so, it is a wise idea to seek early legal counsel from a family law attorney at a law firm that focuses on using divorce proceedings to give you a strong head start on the next stage of your life.
At the Darwish Law Offices in Syracuse, we serve the family law needs of people in Central New York and the Onondaga Valley. Contact us to schedule a complimentary consultation with divorce lawyer Diane E. Darwish.
Calculating Spousal Support in New York Divorce Cases
Under New York law, spouses must live separately for at least one year before a family law court will grant a divorce decree. On a practical level, this separation requirement may mean that one or both of the divorcing spouses will wish to arrange spousal maintenance during the separation period. Spouses are free to negotiate almost any type of spousal support payment in a divorce settlement agreement. However, if the spouses disagree about whether and how much spousal support should be paid, then formal litigation may be the only way to reach a final decision about the amount and duration of spousal support.
Spousal support calculations are not based on a legal formula. In this way, the calculation of spousal support is not as straightforward as the calculation of child support can be. In determining whether to award spousal maintenance, a family court judge will examine a number of factors, including the length of the marriage, the spouses' standard of living during the marriage, the relative health of the parties and the relative ability of each spouse to work gainfully outside the home.
Spousal support is not gender biased; either partner could receive support to ensure that the partners are supported. Indeed, even if both spouses are working, one spouse may still get support if there is a significant discrepancy in income and earning potential. Furthermore, an award of spousal support is sometimes linked with determinations that are made with regard to the equitable distribution of marital assets and debts. Also unlike child support payments, modifications of spousal support payments are not usually allowed under New York law.
Contact the Darwish Law Offices for Knowledgeable Counsel and Practical Advice
Our spousal support lawyer will explain the factors likely to enter into a support decision and will help you weigh the costs versus the benefits of taking a spousal support case to court. The collaborative law process is often a less costly option for negotiating an agreement on spousal support.
Contact our office to schedule a private and complimentary initial appointment.
