If you are a spouse or father going through a divorce, you’re most likely concerned about spousal support, also known as alimony. If you’re seeking it or are being asked to pay it, our firm is here to help. Contact a Staten Island spousal support & alimony lawyer from Dow Divorce Law for an initial consultation today so we can discuss your circumstances.
What is Alimony in New York?
Alimony is also referred to as “spousal support” or “spousal maintenance” in today’s legalese. You may be eligible to receive financial support payments from your ex-spouse if you have financial needs and your ex was the higher-earning spouse. Consult us if you have any questions about your unique situation.
In New York, both the Family Court and Supreme Court can order the payment of spousal support. When requesting spousal support from a court, the judge will consider both you and your ex-spouse’s finances and will look at any necessary expenses, such as housing, food, clothing, medical care, education, and other proper and reasonable expenses.
If the judge decides that your spouse is financially capable of supporting you so that you can maintain the standard of living to which you have grown accustomed, then a spousal support order may be issued.
How Do New York Courts Determine Alimony?
Courts may award temporary maintenance while a divorce is ongoing, as well as post-divorce maintenance after the divorce becomes final. Generally speaking, courts begin by applying statutory formulas established under New York law. However, judges may deviate from those formulas whenever they believe doing so is appropriate under the circumstances. New York courts typically consider the following factors when determining alimony:
- The income and property of both spouses
- The duration of the marriage
- The age and health of each spouse
- The present and future earning capacity of both parties
- Whether one spouse sacrificed career opportunities during the marriage
- The educational background of each spouse
- Whether one spouse requires education or training to become self-supporting
- The standard of living established during the marriage
- Tax consequences associated with maintenance payments
- Contributions made to the marriage, including non-financial contributions
- Whether one spouse contributed to the other spouse’s career or education
- The existence of children in the household
- Any wasteful dissipation of marital assets
- Any other factor the court deems relevant and proper
Are There Different Types of Spousal Support?
Yes. There are several different forms of spousal maintenance recognized under New York law, and understanding the distinctions between them is important if you are currently involved in a divorce proceeding. Some of the different types of spousal support in New York are as follows:
- Temporary Maintenance: In some cases, a judge may issue a temporary spousal support award to be paid until a divorce is finalized. In these cases, the higher-earning spouse is generally required to pay support to the lower-income spouse while the divorce is in process, allowing the lower-earning spouse an opportunity to maintain their standard of living until the marriage is officially ended.
- Post-Divorce Maintenance: Support ordered after the divorce is finalized.
- Durational Maintenance: Support awarded for a specific period of time, often based largely on the duration of the marriage.
- Rehabilitative Maintenance: Support intended to help one spouse obtain education, training, or employment necessary to become financially independent.
- Contractual Maintenance: Support terms agreed upon voluntarily by both spouses within a settlement agreement.
- Non-Durational Maintenance: In certain long-term marriages, courts may order ongoing support depending on the circumstances involved.
Many men become especially concerned when they hear terms such as “permanent alimony” or “lifetime support.” However, every case must still be individually analyzed, and courts do not simply award indefinite support in every divorce case involving income disparity.
Additionally, many support cases ultimately settle outside of trial. In some situations, negotiating a reasonable settlement agreement may allow husbands to avoid lengthy litigation and gain more predictability regarding future financial obligations. Every situation is different, which is why it is so important to fully understand your rights and obligations before agreeing to any support arrangement.
Can You Modify/Terminate a Spousal Support Agreement in New York?
Fortunately, in many cases, the answer to this question is “yes.” Naturally, life circumstances often change substantially after a divorce becomes final. A husband who was financially stable at the time of divorce may later lose employment, experience a reduction in income, develop health problems, or encounter other serious financial difficulties. Likewise, a spouse receiving maintenance may eventually become financially independent, remarry, or begin living with another partner.
Under certain circumstances, these developments may warrant a modification or termination of support obligations. Some common reasons courts may modify or terminate spousal support can include:
- A substantial change in financial circumstances
- Job loss or involuntary reduction in income
- Serious illness or disability
- Retirement
- Remarriage of the receiving spouse
- Cohabitation with another romantic partner
- One spouse becoming financially self-supporting
- Failure to comply with the terms of a support agreement
You should note, however, that support obligations generally do not automatically change simply because circumstances become difficult. In most cases, a court order remains fully enforceable unless it is formally modified by the court. This means that if you simply stop making payments without obtaining court approval, you may face serious financial and legal consequences.
For example, unpaid support obligations may result in wage garnishment, enforcement proceedings, property liens, contempt motions, suspended licenses, and various other penalties. Therefore, if your financial situation has substantially changed, it is often in your best interest to address the issue as quickly as possible.
Speak With an Experienced Alimony & Spousal Support Lawyer About Your Case
Are you wondering if you need to pay spousal support if your ex cheated on you, how long you need to pay spousal support, or have any other alimony-related questions? In any spousal support or maintenance matter, it is best to consult with us to review the specific facts of your case and give you the advice and counsel you need. Contact a knowledgeable and dedicated Staten Island spousal support and alimony lawyer from Dow Divorce Law today.
