New York Spousal Support Lawyer

NYC Alimony and Spousal Maintenance Legal Representation

Facing a divorce in NYC? Ensure your financial future is protected with strong legal representation for alimony and spousal maintenance. The Levoritz Law Firm's skilled attorneys will fight to get you a fair outcome.

We understand the complexities of spousal support and will work to negotiate a favorable agreement or represent you effectively in court. Contact Levoritz Law Firm today for a consultation.

What Is Spousal Support?

Spousal support, also known as alimony or spousal maintenance, is a financial arrangement made between spouses during or after a divorce. It's designed to help the spouse with the lower income maintain a standard of living somewhat similar to what they enjoyed during the marriage. 

This can be especially important if one spouse stays home to raise children or gives up career opportunities to support the other spouse's education or career.

Types of Spousal Support in New York

In New York, spousal support falls into two main categories depending on when it's awarded during the divorce process:

• Temporary Maintenance

  Temporary spousal maintenance is provided to a spouse during the divorce proceedings. It's meant to ensure they can maintain a reasonable standard of living while the divorce is finalized. This lasts only during the divorce proceedings and terminates once the divorce is finalized.

• Post-Divorce Maintenance

  Spousal maintenance payments are long-term financial support awarded after the divorce is finalized.

  ‍There are two subcategories of post-divorce maintenance:

  • ‍Durational maintenance is a set amount of spousal support paid for a predetermined period. The court considers factors like the length of the marriage, the ability of the receiving spouse to become self-supporting, and the age and health of both parties when determining the duration. It can range from a few years to a significant portion of the marriage's length.‍
  • Permanent maintenance is uncommon and typically awarded only in long-term marriages (often 20 years or more) where the receiving spouse has limited earning capacity due to age, health, or childcare responsibilities. Permanent maintenance can continue indefinitely until one spouse dies or the receiving spouse remarries.

How Is Spousal Support Determined in NY?

New York courts follow a guideline approach to determine spousal support, but it's important to understand it's not a rigid formula.

Here's a breakdown of the key factors:

• Income Disparity

  The greater the difference in income between the spouses, the more likely spousal support will be awarded and the higher the amount might be.

• Length of Marriage

  The duration of the marriage significantly impacts the award, with longer marriages typically leading to longer support periods.

• Standard of Living During Marriage

  The court considers the standard of living during the marriage to determine a fair support amount for the spouse with a lower income.

• Needs of Each Spouse

  The court analyzes each spouse's financial needs and earning capacity, including factors like childcare costs, health insurance, and job training needs.

• Fault in the Divorce

  While not the primary factor, adultery or abandonment by one spouse can influence the spousal support decision.

It is important to note that the court has discretion to deviate from the guidelines based on the specific circumstances of your case. Consulting with a New York spousal support lawyer is crucial to navigating this process effectively.

Terminating Actions and Spousal Support Obligations

While spousal support can provide financial security after a divorce, there are situations where it may be terminated or modified.

Here's an overview of how spousal support obligations can end in New York:

• Spousal remarriage: Once the receiving spouse remarries, spousal support payments typically cease automatically.
• Cohabitation: If the receiving spouse starts living with a partner in a relationship similar to marriage, it can be grounds to modify or terminate spousal support.
• Change in financial circumstances: A significant change in either spouse's financial situation can be a reason for modification or termination.
• Death of a spouse: Spousal support obligations end upon the death of either the paying spouse or the receiving spouse.

If your spousal support agreement outlines specific conditions for termination (e.g., reaching a certain income level or completing a degree), fulfilling those conditions can also end the obligation.

How to Calculate Spousal Support in NY

Here's a general outline of the spousal support calculation process in New York:

• Income disparity: The larger the difference in income between spouses, the more likely it is that spousal support will be awarded and the higher the amount might be.
• Standard of living during marriage: The court considers the lifestyle the couple maintained while married to establish a baseline for spousal support.
• Needs of each spouse: This includes the expenses of the lower-earning spouse as well as the paying spouse's ability to maintain their financial obligations.

The length of the marriage also factors into the calculations. Generally, longer marriages lead to longer support durations.

The guidelines suggest a range based on marriage length:

• 0-15 years: 15-30% of the marriage length.
• 15-20 years: 30-40% of the marriage length.
• 20+ years: 35-50% of the marriage length.

While New York courts provide guidelines for spousal support calculations, it's not a straightforward mathematical formula. There's a discretionary element involved, meaning a judge can consider various factors beyond the guidelines to determine a fair amount in your specific case.

How Does Spousal Support Affect Taxes?

Spousal support can impact your taxes in a way that might surprise you. Federal tax law changed in 2017. Paying spouses can no longer deduct payments from their taxes, and receiving spouses are not required to report them as income.

However, New York State tax law goes against the federal grain. Here, spousal support is still deductible for the paying spouse on their state taxes, and the receiving spouse must report it as income.

This can get complicated, especially when filing both federal and state taxes. It could mean you owe more or less in taxes depending on whether you're paying or receiving spousal support. It's important to consult with a family lawyer to understand the specific tax implications for your situation in New York.

Why Choose Levoritz Law Firm for Spousal Support and Alimony in New York?

Facing a divorce in New York can be overwhelming, especially when finances are a concern. Levoritz Law Firm stands out as your strong advocate when it comes to spousal support and alimony. Here's what sets us apart.

• Experience and Knowledge

  Our attorneys have a deep understanding of New York's family laws and extensive experience handling complex cases.

• Client-Centered Approach

  We provide compassionate yet aggressive representation, prioritizing your needs and goals throughout the process.

• Skilled Negotiation

  Our lawyers are adept at negotiating a favorable spousal maintenance agreement that reflects your financial situation.

• Focus on Your Future

  We don't just focus on the present; we consider the long-term financial implications of spousal maintenance and work to support your future stability.

We know how to navigate the intricacies of the legal system to achieve the best possible outcome for you.