Spousal Support Lawyers in Suffolk County, NY
Determining spousal support might be the most difficult choice to make after a separation or divorce agreement since there are so many variables to consider in the divorce process. Whether you’re seeking spousal maintenance or arguing against it, the choice you make now will have an impact on your financial future. The Suffolk County divorce and family law attorneys at Jodi Ann Donato Law have handled hundreds of cases involving spousal support.
- The Essentials of Spousal Support
- How does Spousal Support work in New York?
- Seek the advice of an Experienced Suffolk County Alimony Attorney Today!
We recognize the significance of spousal support payments and are devoted to obtaining the best possible result for you. Jodi Ann Donato, the spousal support lawyer from Suffolk County New York is here to help you.
The Essentials of Spousal Support in Suffolk County
Legally, a New York couple must financially support one other throughout their marriage. Even after a divorce, this may still apply. Both spouses have the right to submit a petition for spousal support if they are divorcing or separating. The court will ultimately decide whether or not spousal support should be granted or denied.
Who Gets Spousal Maintenance If They Are Married?
In order to be eligible for spousal support (sometimes known as “spousal maintenance”) in New York, you must meet a number of requirements.
Spousal support in Suffolk County varies widely in terms of the quantity and duration of payments. For the most part, maintenance is a one-time event. The court will take into account a wide range of considerations while making its judgment, including the following:
Each spouse’s share of the household’s income and assets.
Each spouse’s financial condition will be taken into account by the court. There is a greater likelihood that the less well-off will get assistance, and the amount of the payments rises as well.
The duration of the relationship.
Although each instance is unique, in most cases, the longer the marriage, the greater the reward. Spouses who have sacrificed a career to care for their children for an extended period of time are especially eligible for alimony payments.
Health and advancing years.
If you’re older and afflicted with significant health issues, you may want further financial assistance. This might persuade the court to provide a more generous or longer-term assistance award.
Earnings projections for the year.
The judge’s ruling is influenced by both the current and projected future incomes of the parties involved. Even if you’re making a pittance right now, your capacity to find work in the future might put a time restriction on how long you need to be supported.
Continuing one’s education or acquiring new skills.
Financial independence is a process that takes time to master. A financial cushion is provided in the form of maintenance, although it is normally just for a limited period of time, often for the duration of a student’s study or training.
Which spouse interfered in earning a livelihood?
Are there signs of spousal violence or did one of you have to remain at home because of it? Were they a hindrance to the other’s capacity to maintain a stable financial situation or achieve professional success? Those things will be taken into account by the court.
If a family court decides to award spousal support, he or she might order one of three different forms of support.
Three kinds of spousal support
- A divorce court may decide whether or not to award spousal support when the divorce is completed, at which time temporary maintenance terminates. Just because a spouse was getting interim maintenance doesn’t indicate they’ll continue to receive it, and the reverse is also true.
- Post-divorce support may be awarded in the form of durational maintenance, which is assistance that is granted for a predetermined amount of time to allow the dependent spouse to meet essential obligations such as completing an education program.
- As long as there is no remarriage or death in the future, the court may provide permanent support to the dependent spouse.
To calculate the amount of permanent or post-divorce maintenance, the court uses a predetermined formula, which may be amended if the court judges it to be “unjust or improper.” Permanent maintenance may be altered or canceled if the recipient’s financial situation deteriorates significantly.
Spousal maintenance payments often decreases if you find work, establish your own means of living, and take care of all of your dependents. To the point when you’ll have an uphill battle to develop an independent existence, you’ll get more and more help. Divorce property division, child care duties, tax implications, and even peculiar circumstances specific to the situation at hand are all aspects to consider.
How does Spousal Support Work in New York?
One spouse may be granted support in a divorce in New York. Maintenance, often known as “alimony” or “spousal support,” is a monetary payment made by one spouse to the other after a divorce has occurred. A court may order either a man or a woman to pay spousal support to the other. Payment may be made in installments or all at once.
It’s up to the court to award whatever amount is required to keep the receiving spouse financially stable, so long as the facts and circumstances of the case are taken into account. If you’re going to get what you want in terms of maintenance payments, your attorney will play a key role in presenting the relevant information and evidence.
Key Factors for Spousal Maintenance in Suffolk
Men used to be expected to pay alimony to women after divorce, and they were frequently forced to do so perpetually. However, the court has acknowledged that society has evolved and now takes a more balanced approach to alimony, beginning with the payment period.
In New York, spousal maintenance can be ordered:
- For 15 to 30% of a marriage that lasted 15 years or under
- For 30 to 40% of a marriage that lasted between 16 to 20 years
- For 35 to 50% of a marriage that lasted 20 years or more
There is now also a cap on how much spousal support can be paid based on the annual income of the payor. Previously, that cap stood at $543,000/year. Now, it is at $175,000/year, a dramatic decrease.
When it comes to child custody and child support, the divorce court also considers spousal maintenance. These changes ensure that dependent spouses and children are supported without burdening the paying parent. A court will also examine the marital property, each party’s earning capacity, education and training, and duties to family members.
Maintenance Impact of Marital Fault
Despite the fact that New York is a no-fault divorce state, some couples prefer to file for divorce on the basis of fault grounds because they feel it will have a significant influence on the outcome. The common belief is that if their spouse has been unfaithful, the court will either give them greater assistance or reduce their commitment to the unfaithful partner who is financially dependent. Contrary to popular belief, your spouse’s extramarital affairs will have little or no effect on your divorce proceedings. Alimony may be required if one partner was found to have abused, transferred, or encumbered marital property, particularly money, in a wasteful manner. The courts may have to deal with this if the independent spouse interfered with the earning ability of the dependent spouse or became jobless or underemployed in order to reduce the responsibility to support.
Effect of Adultery on Spousal Support in New York
When it comes to alimony, marital responsibility is hardly taken into consideration. As a consequence, if one partner cheats on the other, the other spouse is not entitled to alimony solely because of this. Adultery would not necessarily entitle you to spousal support. If the collecting party engages in violent behavior, New York courts will issue alimony. Adultery is considered a misdemeanor in New York. However, if a spouse can establish that a large percentage of marital assets was spent on the affair partner, the court might declare that the marital estate was squandered.
Tax Effects on Spousal Support in Suffolk
In the past, spouses who paid alimony had to document it and remove it from their salaries. Spousal assistance recipients, on the other hand, were obliged to pay taxes on their support payments. It is still possible for New York residents to deduct alimony payments from their income taxes even if the federal alimony deduction has been abolished. Divorce specialists believe that this shift would make divorce discussions more problematic since spouses will have little motive to contribute to spousal support since these payments will no longer be deductible.
Seek the advice of an Experienced Suffolk County Alimony Attorney Today!
Alimony is a major issue in a divorce settlement. Having a lawyer on your side is essential when dealing with these complicated issues. Our law firm is here to answer any inquiries you may have concerning spousal support in New York. Our skilled legal staff is well-versed in advocating for the requirements of our clients in court and how to make sure that a spousal support finding is both fair and appropriate for those clients in need. Contact spousal support lawyer in Suffolk, New York, Jodi Ann Donato for a consultation.