New York Spousal Support
When a couple goes through a divorce or legal separation, one partner must usually pay spousal support to their partner. Spousal support, also call alimony, can be a long-term or short-term monetary payment. In New York, spousal support/alimony is also called “maintenance,” and covers the dependent spouse’s daily needs such as food, clothing, rent, and medical costs. Spousal support helps the dependent spouse maintain the standard of living he/she was accustomed to during the marriage. The purpose of spousal support is to provide a sufficient income for the dependent spouse to live on, until he/she is able to support his or herself. The length that spousal support may last varies depending on each person’s specific circumstance.
When a judge determines spousal support stipulations, he/she must examine the degree in which the dependent spouse needs financial help, as well as the independent spouse’s income and ability to pay alimony. While every person has the right to file for spousal support, it is not guaranteed by law that a judge will grant it. In the past, the judge typically based his/her decision on if the dependent spouse’s standard of living would be decreased. Now, judges are much more concerned with ensuring that the needs of the dependent spouse are met and maintained until he/she is financially self-sufficient.
Types of New York Spousal Support
There are three different types of spousal support in New York that can be awarded by a court. A judge must consider many factors when determining the amount and extent of spousal support or spousal maintenance, such as the dependent spouse’s financial situation, and any equitable distribution. The three types of spousal support are rehabilitative support, permanent support, and restitutional support.
Rehabilitative support is only a temporary payment that is given until the dependant spouse is financially self-sufficient.
Permanent support requires the independent spouse to make payments to the dependent spouse for daily needs such as food, clothing, shelter, medical costs, and insurance. Permanent payments go on indefinitely unless a change of circumstances occurs. In order to receive permanent support, the dependent spouse must prove to the court that is necessary.
Restitutional Support is always temporary and provides some income, but not enough to maintain the same standard of living that was established during the marriage.
All forms of spousal support are terminated when either spouse dies, or the dependent spouse remarries.
How is Spousal Support determined? Unlike child support, there is not set formula to determine spousal support. When determining the amount of spousal support the independent spouse must give to the dependent spouse, the court considers the following factors:
- Each spouse’s present and future earning potential
- Each spouse’s income and property (separated property and marital property)
- Tax consequences to each spouse
- The duration of the marriage
- Each spouse’s age and health
- If either spouse recklessly wastes marital property
- The education level of each spouse
- Each spouse’s financial resources
- How much time is needed for the dependent spouse to become self sufficient
- The actual ability of the dependent spouse to become self supporting
- Which spouse has custody of the children (if applicable)
- Each spouse’s assets and debt
- Each spouse’s contribution to the household both as a homemaker and financial provider
- The behavior of each spouse during the marriage
- If the dependent spouse sacrificed education, employment, training, or career opportunities for the marriage or family
Can I Make Any Changes to My Spousal Support?
Either spouse can petition the courts for an increase or decrease in the amount of spousal support that is currently being paid, or can request that the spousal support be terminated. An increase, decrease, or termination of spousal support must be approved by the court, unless spousal support is terminated due to the dependent spouse’s remarriage or the death of either spouse. However, a modification for an increase or decrease is difficult to win and requires extensive proof of change, as well as experienced legal assistance.
If you are seeking spousal support in Long Island, it is important to speak with an experienced New York family law attorney separate from that of your spouse. At the Law Offices of Palermo, Palermo & Tuohy our attorneys will provide extensive legal resources, sound advice, and proactive legal actions to ensure your rights are protected.
The Law Office of Palermo, Palermo & Tuohy is dedicated to providing aggressive representation, quality legal care, and justice to all clients. The attorneys at the Law Office of Palermo, Palermo & Tuohy pour all their efforts into securing and comforting their clients’ needs during these hard and emotionally exhausting times. |