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:
- Temporary Support: Provided during a pending divorce in order to maintain the status quo until a final decision is reached.
- Post-Divorce or Permanent Support: Awarded after a divorce is finalized.
Factors Considered by the Court:
- Income and Property of Each Spouse: The financial resources of each spouse.
- Duration of the Marriage: Longer marriages may lead to a higher likelihood of spousal support being awarded.
- Health and Age of Each Spouse: The physical health and age of both parties.
- Earning Capacity: The ability of each spouse to be self-supporting is considered.
- Child Custody and Support: If one spouse has custody of the children, it may impact spousal support.
- Standard of Living During the Marriage: The lifestyle enjoyed by the couple during the marriage is considered.
- 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.