New York Spousal Support Lawyer

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 wellbeing 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, we are dedicated to individuals who are navigating 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 spousal support attorneys help. Contact us via email at or via phone at (929) 251-4477.

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What is Spousal Support?

When married, a couple must support each other financially. But when a divorce is imminent, one individual may be at a financial disadvantage. 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. If you want to understand the full extent of your rights, please call the Law Office of Ryan Besinque, divorce attorney at (929) 251-4477 for a free consultation.

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Is There a Difference Between Alimony and Spousal Support?

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.

Is There a Difference Between Spousal Support and Spousal Maintenance?

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.

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Reanna Hodkiewicz
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I was looking for a lawyer to handle my child support case and didn’t know where I should go. I searched the internet and found Ryan Besinque. I checked his reviews and it seemed like he was a truly wonderful person and an excellent attorney. After comparing him to other lawyers, I decided to pick Ryan to represent me in court. I have been really pleased with my choice. Everyone on his team is experienced and well-informed. If you leave a voice message or send an email, someone gets back to you almost right away. I am completely satisfied with my child support and I highly recommend Ryan Besinque to anyone needing help with their child support case.
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How Does the Court Determine Who is Entitled to Spousal Support?

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:

The income and property of each individual

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 duration of the marriage

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 have significantly contributed to the marriage.

Each partner’s age and health

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 present and future potential income capacity of each party

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.

Contributions and services to the marriage

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.

One party’s need for additional training or education to become self-supporting

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.

Required care of others in the home

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.

Equitable distribution of marital property

In some cases, 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.

Acts of one spouse against the other

If domestic violence was a factor in the household, the court may consider this in their award.

The wasteful use of marital property by a spouse

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.

The potential tax consequences to both parties

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 spousal maintenance is something you may need to go forward, it is critical to get skilled legal assistance. Having the guidance of an experienced New York spousal support attorney 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.

Can Spousal Support Be Awarded to a Husband?

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 New York lawyer contact us via email at or via phone at (929) 251-4477 for a free consultation.

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Types of Spousal Support in New York

In the state of New York, there are different types of spousal support available to divorcing individuals. They include:

Permanent spousal support

While not common, permanent alimony can sometimes be awarded by the court when the marriage being dissolved is 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.

Temporary spousal support

When a divorce is pending, spousal support can be awarded to one partner for specific financial needs until the divorce becomes final.

Rehabilitative spousal support

Rehabilitative spousal support is awarded on a temporary basis when one partner needs further job training or education to become financially independent.

Reimbursement support

Reimbursement support may be awarded when the recipient spouse has given up their own career goals in furtherance of the other’s career and financial goals.

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Getting Legal Advice from the Law Office of Ryan Besinque

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 partner 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, the experienced alimony attorneys 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.