New York City Spousal Support Attorney
A divorce ends not only an emotional relationship but also a financial one. There are many financial decisions that divorcing or separating couples must make, often while tensions are running high. One of the most disputed financial decisions at this time is that of spousal support, or when one spouse is ordered to become the payor and financially support the other, either temporarily or permanently.
Because divorce is a series of important decisions that may affect your financial and emotional well-being long-term, it will be helpful to have an experienced New York spousal support lawyer in your corner. At The Law Office of Ryan Besinque, skilled divorce attorney Ryan Besinque and his team of family law attorneys are dedicated to helping individuals navigate the often confusing terrain of divorce to ensure their financial and emotional safety on the other side. If you are considering a divorce, the decisions you make now can have a serious impact on your future. Don’t make them alone. Let our team of skilled NYC divorce lawyers help. Contact us via email at ryan@besinquelaw.com or via phone at (929) 251-4477.
When married, a couple must support each other financially. But when a divorce is imminent, one individual may be financially disadvantaged. Spousal support, often called alimony, is when one partner helps to financially support the other either temporarily or permanently, depending on factors surrounding the individual marriage.
Although spousal support can be agreed upon in negotiation between both parties, it is often ordered by a judge who makes the determination based on many things, including each partner’s financial situation. Like child support, the judge often makes an award based on specific statutory guidelines and formulas in order to ensure fairness and consistency. This is why having the legal advice of Manhattan spousal support attorneys is very important. If you want to understand the full extent of your rights in a divorce, please call the Manhattan spousal support lawyer Ryan Besinque, at (929) 251-4477 for a free consultation.
Alimony and spousal support are terms that are often used interchangeably, both meaning that one partner is ordered to help financially support the other for a period of time. In New York, the more contemporary terms “spousal support” and “spousal maintenance” are used in the court system.
Technically, there is a difference between the terms “spousal maintenance” and “spousal support” but, again, they are often used interchangeably.
When used in conjunction with a divorce proceeding, both terms indicate the financial support of one partner by the other, either pre-divorce or after the divorce. In most cases, the period of time for the support is finite, but there are certain limited cases when one spouse will be responsible for supporting the other permanently.
Alimony is also known as spousal maintenance. It refers to payments that are made by one spouse to the other. The spouse paying alimony is usually the one with the higher income. A New York lawyer will inform you that you do not need children to be eligible to receive alimony payments. If you have children, however, your alimony payments may be lower if you get both child support and spousal maintenance. A spousal support lawyer may take into consideration child support when calculating the Court’s alimony calculator.
The non-custodial parent will usually pay the child support to the custodial parent. The Court uses a simple formula to calculate how much support each parent must pay. Based on their annual earnings and the number of children, the Court will calculate the amount they will pay. The child support obligation of a parent is continuous and is paid on a regular basis until the child turns 21 or becomes emancipated.
In New York City, the spouse with the highest income pays temporary support and maintenance to their spouse who is going through a divorce. A New York Spousal Support Lawyer will file a “Pendente Lite” motion. This is an official request to the Court asking for immediate financial support. It’s based upon reasonable living standards before the divorce. Once the Court has made its final decision on maintenance, temporary spousal support ends.
When the court considers spousal support, they will focus on many factors, including the standard of living that both parties enjoyed together and the income and assets of each partner. When determining the amount and duration of the award, the court will consider:
When making a spousal support decision, the court must consider the financial situation of both parties. This includes the income of each as well as what each party has in the way of individual assets, which marital property they come away with, or any other resources each will have.
The court will consider how long the couple has been married and how each contributed to the marriage. In some marriages, one partner stayed home with children which still has significantly contributed to the marriage.
In the case where one spouse is advanced in age or has significant health issues, the court will use this information to make their spousal maintenance determination.
The court considers not only the present income of each individual but also their future earning potential. This may require that one actively seek employment or further their education to become self-supporting. There are some times when one spouse has been out of the workforce for an excessive period of time and may never be able to become self-supporting.
The court will consider when a spouse had supported the marriage in non-financial ways, such as when one spouse had agreed to stay home as a parent or did not pursue their own career so the other could advance theirs.
A primary purpose for the court to award spousal support is to allow the receiving spouse adequate time and financial support to become financially independent by getting additional employment or educational training. Spousal maintenance will be limited in duration depending on how long this additional training or education will take to complete.
If there is a young child or there are others such as aging adults in the home requiring care, this may impact the ability of a recipient spouse to work outside the home. The court will consider these when awarding spousal maintenance.
In some cases, the distribution of assets cannot always be done fairly, such as when one partner retains the marital home. In this case, the court may consider spousal support to the other spouse to pay for that difference in distribution.
If domestic violence was a factor in the household, the court may consider this in their award.
The court may consider one partner’s wasteful spending of assets in their award. This can be especially critical when the wastefulness of one partner reduces marital assets significantly, reducing an equitable share by the other spouse. It can also factor in when the person seeking support has been wasteful of assets in the past.
Because spousal support is considered taxable income, the court will consider the tax consequences to both parties.
Every divorce is unique, and the court will consider other special financial circumstances to ensure that the award they make is a fair one.
If you are considering a divorce and alimony is something you may need to go forward, it is critical to get skilled legal assistance. Having the guidance of an experienced Manhattan family law lawyer will enable you to look at all your options as well as help provide evidence to prove the need. For a free consultation, contact The Law Office of Ryan Besinque via phone at (929) 251-4477.
Although historically alimony was awarded to the wife in a divorce, society and divorce law have become far less gender-biased. Today, regardless of gender, courts award spousal support based on the previously mentioned financial and other factors surrounding the dissolution.
In over half of all households with a child or children, women work outside the home. New statistics on household income and education levels now reveal that more women are acting as primary breadwinners and, consequently, more men may be eligible for spousal support. Currently, however, men represent a significant minority when it comes to being the payee of spousal maintenance. If you are in need of legal advice regarding agreements involving maintenance and family law, The Law Office of Ryan Besinque is here to help you resolve the issues your family may be facing. To speak with an experienced Manhattan attorney contact us via email at ryan@besinquelaw.com or via phone at (929) 251-4477 for a free consultation.
Temporary maintenance may be ordered by a judge in some New York divorce cases. Temporary maintenance can be used to help a spouse with their immediate financial needs during a divorce. Often, it is accompanied by a recognition that the spouse has the right to maintain the standard of living they used to enjoy during their marriage.
New York State has developed very detailed guidelines for temporary maintenance. These guidelines contain a worksheet that can be used to calculate the amount of temporary maintenance that should be paid while divorce proceedings are ongoing. Temporary maintenance is usually in effect until the final divorce decree in a case. Sometimes, temporary maintenance orders can be modified or eliminated before the final divorce decree is handed down.
In divorce proceedings, the court must follow the New York temporary maintenance guidelines. The court may, however, deviate from the New York-mandated temporary maintenance guidelines if the guidelines are deemed unjust or inappropriate.
In the state of New York, there are different types of spousal support available to divorcing individuals. They include:
While not common, permanent alimony can sometimes be awarded by the court when the marriage is dissolved in a long-term one, due to advanced age or disability, or there is a significant financial disparity between the partners. The payor or supporting spouse is obligated to pay this until the other spouse remarries or passes away.
When a divorce is pending, spousal support can be awarded to one partner for specific financial needs until the divorce becomes final.
is awarded on a temporary basis when one partner needs further job training or education to become financially independent.
may be awarded when the recipient spouse has given up their own career goals in furtherance of the other’s career and financial goals.
Whether a divorce is uncontested or contested, spousal maintenance has many variables. Divorce is an emotional time, but the financial decisions made during this time can have a significant impact on the financial future of either partner.
Getting the assistance of a skilled New York alimony lawyer is important in order for both partners to ensure that all options and consequences are considered and that their legal rights are being represented and protected.
If you are seeking spousal maintenance, Manhattan attorney Ryan Besinque and the experienced spousal support lawyers at The Law Office of Ryan Besinque can offer peace of mind and answer any questions you may have concerning spousal support in New York. Contact us at (929) 251-4477 to schedule a complimentary consultation.
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