In New York, spousal support is a key element in every separation or divorce. It is also determinant upon a number of factors. In most cases, spousal support is temporary and is only given while the divorce is pending. It is uncommon in New York to see spousal support going on for a long period of time. The only exception is if it is deemed permanent maintenance and the parties have been married for a long period of time. If you are going through a divorce and need more information about spousal support, you should find an attorney who is experienced in these matters.
There are two types of maintenance: Permanent and rehabilitative.
Permanent is when the spouse receives payment for foods, clothing and other needs. The spouse is required to provide proof that the items are needed. The order will stay in place until the court deems in unnecessary. This is usually given untilthere is some other change in circumstance.
Rehabilitative is temporary payment that is given until the spouse successfully completes some type of schooling or other vocation and can take care of themselves. The court will review all cases to determine when or if there is change.
Spousal support is determined by a variety of factors. Courts are often given wide discretion on how much support the spouse needs. The court will act cautiously in order to ensure fairness for both parties. Some of the considerations are as follow:
- Length of marriage
- How spouse conducted themselves during the marriage
- Source of income and occupation of both spouse
- Contribution as a homemaker
- Skills in terms of employability
- Disclosure of assets and debts
- Future earning potential of both spouses
- The age and health of spouse
- Tax ramification
- Is the spouse mentally or physically challenged or has any special needs
The court has the discretion to either accept or reject this statute. If the court deems the formula unfair, a ruling will be made based on the fact that there is a disparity in income between parties. Parties should also note that spousal support is viewed as rehabilitative. It is only for the short term until the other party becomes self-sufficient. This is the reason why a person should employ a lawyer to get the necessary information about spousal support. It is not cut and dry and can be somewhat complex. An experienced attorney can walk you through the process and help you come to a fair resolution.
There is also taxes that should be considered with spousal support. Unlike child support, spousal support is taxable and tax deductible for the payee. This can provide a tax advantage.
If you are a spouse and would like to have more information regarding spousal support, the Brooklyn area has plenty of lawyers who could provide you assistance. These matters can be very delicate at times. It is best that both parties retain representation so they will both the necessary knowledge. Spousal support is sometimes a necessary in divorce cases. There are times when the receiving spouse is greedy and just wants extra money. But if the court deems you don’t need it, you wont get it. Call an attorney today to get more information.