New York Spousal support is monthly payments a person sends to their ex-spouse to assist them in financially recovering from the divorce. Spousal support, also called maintenance or alimony, is awarded on a temporary or permanent basis. All laws regarding spousal support are outlined under the state’s domestic relation’s law 236.
Temporary Spousal Support in New York
Temporary spousal support in New York is only awarded during divorce proceedings. It is awarded for a short period of time, typically the number of months it takes to receive a divorce. This may be six months or longer.
Permanent Spousal Support in New York
Permanent spousal support in New York is only awarded after the divorce is finalized. The alimony is for life. It is a specific amount of money. It may decrease or increase if one of the ex-spouses file for a change in spousal support. The only time spousal support stops if the ex-spouse receiving alimony remarries or dies. It also stops if the ex-spouse making payments dies.
Calculating Spousal Support in New York
New York divorce judges pick one of two computation methods to determine who much an ex-spouse will receive in spousal support. Both computation methods depend on whether they are child and who is raising them. In the first computation method, the ex-spouse receiving spousal support is the custodial parent. This means the children are living with them. The spouse paying alimony will also pay child support.
The second computation method involves one or two situations. The no children were born into the marriage. The second is the ex-spouse paying alimony is the custodial parent. This means the children live with them.
Therefore, one ex-spouse may receive a different spousal support payment than another ex-spouse in the same situation. Another thing that will determine the amount of money paid in spousal support are factors.
Factors that Decrease or Increase Spousal Support in New York
Prior to the calculations, a divorce court judge will use:
• The standard of living the couple established during the marriage
• Whether a spouse does not have enough income or property to provide for their spouse’s reasonable expenses
• Whether the spouse needing spousal support has enough income and property to support themselves
In addition to these factors, a divorce court judge can look at about 20 factors to determine how much spousal support is needed. These factors include, but are not limited to:
• The amount of years the couple were married
• If the couple lived together prior to marriage or if they lived together after they decided to get a divorce. The judge may consider the time they were married longer than the number of years married.
• The amount of income and property each spouse has. This includes any marital property. Marital property is assets, property and income generated during a marriage.
• The age of each spouse
• The health of each spouse
• If the couple has any children
• If the spouse receiving alimony must take care of other family members. These family members may be an adult child or elderly parent.
• If the spouse receiving spousal support will need to go to college or receive career training to become self-sufficient
• The tax consequences for each spouse
• If there will be loss of health insurance benefits after the marriage ends
Contact a New York Spousal Support Attorney for Help
Spousal support is the amount of money a spouse may need after the marriage. Whether you are the one seeking spousal support or wanting to decrease your payments, contact us. We are here for you. We will explain all spousal support legal jargon and tell you how we will to proceed.