During divorce proceedings, alimony is a vital issue to consider. It is an order by the court to provide financial support to one spouse during and after the divorce. Engaging a spousal support attorney in Manhattan can guide you through this process and help you understand how courts determine this type of payment.
In New York, the state follows laws of equitable distribution when dividing marital assets. However, that does not mean the property will be split evenly. Instead, the judge will review several factors when determining a fair division of assets. These include the length of the marriage, each spouse’s needs, and how much each party contributed to the property. A spousal support attorney can provide you with legal advice tailored to these specific factors.
With these factors in mind, the judge will also determine a fair amount of alimony. For example, the judge may award a higher amount of alimony to a wife who has spent most of the marriage as a stay-at-home mom. On the other hand, a husband who has a substantial career and earning potential might not receive alimony at all. If this is your situation, you may wish to consult a spousal support attorney to understand your rights and options.
While the court may determine a fair amount of alimony, it is important to have an experienced spousal support attorney to argue on your behalf. A skilled lawyer can help you reach an agreement outside of the court to avoid the need for a judge to set the alimony amount. If an agreement is not possible, your lawyer can represent you in a hearing before the judge.
The amount of alimony will also depend on what type of alimony is being sought and the duration. Currently, New York courts offer temporary alimony, rehabilitative alimony, and permanent alimony. Temporary alimony lasts until the divorce is finalized, while rehabilitative and restitutional alimony have specific lengths. Permanent alimony payments are generally made until the payee dies or the recipient re-marries. A spousal support attorney will be well-versed in the different types of alimony and can guide you through the process.
In most cases, the court will use a formula to calculate a suggested amount of alimony. However, the judge can deviate from this figure if the suggested amount would be unjust or inappropriate. For example, if your spouse committed adultery, that might justify increasing the amount of alimony. In addition, the judge can also adjust the amount if you have income-producing assets that aren’t being included in the calculation. This is where a spousal support attorney can make a substantial difference in your case.
If you’re considering a divorce, it is important to make sure that you have all of the information necessary to determine how much spousal support or maintenance will be. To do this, both parties must prepare a Statement of Net Worth (SNW). This document details each party’s assets, debts, monthly expenses, and other relevant information. It must be submitted to the court along with copies of tax returns for each party.
While historically, alimony was granted more to wives than to husbands, societal and legal attitudes have changed over time. Today, gender-biased alimony is not as common, and judges are relying on a variety of factors when awarding spousal support. If you have questions about alimony in your situation, consulting with an experienced spousal support attorney can provide you with clarity and confidence in navigating this complex legal matter.
Spousal support is an emotional issue that can be incredibly difficult for couples to negotiate. While a judge may ultimately decide how much and for how long someone will be paid, that doesn’t mean that a divorcing couple can’t reach their own agreement outside of court. In fact, it’s usually a lot less expensive to negotiate than going through a trial, and can give you and your spouse more control over the outcome of your case. Hiring a spousal support attorney can make this process easier by offering professional guidance and representation.
Alimony and Child Support Are Tied Together
Many people assume that alimony in New York is separate from child support, but this is not always the case. In fact, spousal support can impact the calculation of child support, so it is important to resolve both issues at the same time. A spousal support attorney will have the expertise to help you navigate these interconnected issues.
Alimony Calculation Considers a Person’s Needs
One of the most common mistakes that people make during alimony negotiations is getting too caught up in what they want or think they should get. It’s not uncommon for spouses to use a maintenance calculator and come up with an amount that sticks in their head as what they are entitled to, but this is rarely the case. Instead, a judge will look at your financial needs and determine what amount of spousal support would be appropriate for you. A spousal support attorney can guide you through this nuanced calculation to arrive at a fair amount.
Consider Non-Traditional Income for a Spouse
It’s easy to forget that things like bonuses, overtime pay, and stock options count as income for a person. These amounts can be substantial, and should be factored into your spousal support calculations. You should also account for the value of company-paid vehicles, vacation and sick pay, and health insurance benefits. You can add up these amounts and estimate their total value to help you determine what your income is for the purpose of calculating alimony. Consulting with a spousal support attorney will ensure that you consider all possible sources of income.
Agree on a Lump Sum or Periodic Payments
There are both advantages and disadvantages to both types of payments, so it’s important to discuss these with your attorney or with your spouse before you agree on anything. In addition, it’s important to understand that a lump sum will have tax implications while periodic payments will not. It’s also possible that a recipient spouse could remarry before the end of the ordered duration of the alimony, forfeiting their rights to ongoing payments. A spousal support attorney can help you understand and weigh these considerations.
Consider the Proposed Duration of the Alimony
The duration of alimony in New York can range from 2.1 to 4.2 years. In some cases, the longer duration of alimony is necessary to allow a spouse to retrain or find employment. In other cases, a spouse may need to stay home with the children for a certain amount of time, so it’s important to take this into consideration during negotiations. Having the advice of a spousal support attorney in these discussions can provide you with the legal insights necessary to reach an agreement that best suits your circumstances.
Spousal support, also known as alimony in New York, is a key consideration for divorcing couples. It can have significant impact on the finances and lives of both parties. The process of calculating and awarding alimony can be complicated and emotional. Having a skilled spousal support attorney can be vital in navigating these complexities. The issue of alimony is often the source of much frustration, anger, and animosity between spouses. The good news is that the Court does have the ability to resolve this issue by application of state laws and a thorough consideration of the unique circumstances of each case.
The process of calculating and awarding spousal support in New York involves the use of a “guideline” calculation based upon the incomes of the two parties and the length of the marriage. A spousal support attorney can provide guidance and ensure that the calculation is performed correctly. The guidelines are published by the Court and there is a convenient online calculator available for use. The Court is allowed to deviate from the guideline amount based on a variety of potential rebuttal factors, but these deviations are rarely used.
In most cases, the Court will order spousal support to last between 35% and 50% of the duration of the marriage. This is often called “durational” alimony. The court can also order “non-durational” alimony, which is sometimes referred to as permanent maintenance or “open term” alimony. Non-durational alimony is typically only awarded in very limited situations. Working with a spousal support attorney, couples can explore the options available to them. The longer the marriage, the greater the disparity in incomes and the more likely durational alimony will be ordered.
One of the most challenging issues related to spousal support is dealing with the issue of cost of living. The cost of living in different areas of the State can be significantly different. For example, the cost of housing in Manhattan is usually significantly higher than in White Plains. Thus, the spousal support calculation must factor in the actual cost of living in each area. Engaging a spousal support attorney who understands the local economy can be essential in these considerations.
Another important issue is the issue of cohabitation. There is a common misconception that cohabitation automatically terminates spousal support. However, this is not necessarily the case. The Court can terminate spousal support if it is found that the supported spouse is cohabitating with a new partner. However, this is not an easy issue to prove, and a spousal support attorney can assist in gathering the necessary evidence and presenting the case.
Spousal support is an issue that should be considered and resolved carefully in every divorce case, whether a contested or uncontested divorce. It is an issue that the spouses must consider both during the divorce proceedings (pendente lite) and after the divorce is final. The expertise of a spousal support attorney can be invaluable in making sure that the interests of both parties are balanced and protected.
Law Office of Richard Roman Shum, Esq., PLLC
20 Clinton St #5d, New York, NY 10002, United States
(646) 259-3416