New York City Spousal Support Attorney

Manhattan Spousal Support Attorney Ryan Besinque - Alimony and Spousal Maintenance in NYC

Experienced New York City Spousal Support Lawyer - The Law Office of Ryan Besinque - Alimony & Spousal Maintenance

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 or via phone at (929) 251-4477.

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Manhattan Spousal Support Lawyer Ryan Besinque Explains New York Spousal Support

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.

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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.

Is Alimony and Child Support The Same Thing?

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.

What Our Clients Say:
Marco Barone
Marco Barone
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Having Ryan as Lawyer it’s not only having a sure professional lawyer by your side , but it’s a blessing! It’s above the professionalism because he has a Human side that makes you feel considered and safe. With so much understanding! Thanks so much for helping me with my case in family court your help was precious.
Nancy Sanchez
Nancy Sanchez
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My ex and I really had a messy divorce. It was so stressful and emotional, we both couldn’t agree on many important issues. Having Ryan Besinque as my divorce lawyer really eased all my worries. He really helped me through this mess. He was with me every step of the process. He is calm, trustworthy, skilled, prepared, and a true professional. He really cares about me and my family’s well being. He gave me hope that things will get better. He explained everything to me in a manner that I can easily comprehend. He’s really one of the best NYC divorce lawyers. Hire him. You won’t regret it.
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Alex Teller
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I hired Ryan to do my prenuptial agreement, and I'm really happy I did. He was always so quick to respond, and to follow up with me and for me. He listened, and created something I feel very confident about going into marriage with. I appreciated the advice and suggestions he gave as well. I would, without question, recommend him to anyone!
Eric Hagstrom
Eric Hagstrom
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Ryan did a great job writing my prenup with some non-standard elements, really great attitude, very responsive, very professional. Highly recommend
Matt Freeman
Matt Freeman
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Ryan Besinque is one of the most down to earth, professional, and hard working lawyers I’ve ever retained. He guided me through my uncontested divorce, child support and custody. If you are looking for a lawyer who will go to bat for you and knock it out of the park, he is your lawyer! He is absolutely worth every penny!
Jenny Ruiz
Jenny Ruiz
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I am happy to write a review about Mr. Besinque. I have a custody case, and the court referred my case over to him, and I was represented for free. It was my first time going through this complex process, and to be honest, I was scared because I didn't know what to expect. After speaking to him, he made everything so simple to understand, and I navigated the process with great confidence. Mr. Besinque’s knowledge and experience gave me the peace of mind I needed. I recommend Mr. Besinque to anyone looking for a lawyer where your family’s best interests are protected.

NYC Spousal Support Lawyers Explains How The Court Determines 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 has 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.

The needs of the other party 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, 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.

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 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.

Spousal Support Attorney Ryan Besinque Discusses If Spousal Support Can 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 Manhattan attorney contact us via email at or via phone at (929) 251-4477 for a free consultation.

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New York Divorce’s Temporary Maintenance Orders

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.

Divorce Lawyers Explain the 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 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.

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

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

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 Experienced Divorce Attorneys at 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 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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