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Spousal Support


Spousal support, often referred to as alimony or maintenance, is financial support provided by one spouse to the other during and/or after a divorce proceeding. In New York, spousal support is governed by specific laws that aim to ensure fairness and financial stability for both parties.

Types of Spousal Support:

  1. Temporary Support: Provided during a pending divorce in order to maintain the status quo until a final decision is reached.
  2. Post-Divorce or Permanent Support: Awarded after a divorce is finalized.

Factors Considered by the Court:

  1. Income and Property of Each Spouse: The financial resources of each spouse.
  2. Duration of the Marriage: Longer marriages may lead to a higher likelihood of spousal support being awarded.
  3. Health and Age of Each Spouse: The physical health and age of both parties.
  4. Earning Capacity: The ability of each spouse to be self-supporting is considered.
  5. Child Custody and Support: If one spouse has custody of the children, it may impact spousal support.
  6. Standard of Living During the Marriage: The lifestyle enjoyed by the couple during the marriage is considered.
  7. Contributions to the Marriage: Non-financial contributions, such as homemaking and childcare, are taken into account.

Spousal Support Formulas:

New York has specific formulas for calculating temporary spousal support during a divorce. These formulas consider a percentage of the payor’s income minus a percentage of the payee’s income.

Modification and Termination:

Spousal support may be modified or terminated under certain circumstances, such as a significant change in either party’s financial situation.

Enforcement of Spousal Support Orders:

If a spouse fails to comply with a court-ordered spousal support obligation, the other party may seek enforcement through legal channels.

Spousal support in New York is a complex aspect in a divorce. Seeking professional legal advice is crucial to understanding your rights and obligations in such matters.

- Natasha

- Christopher

-Samantha