Long Island Spousal Support Attorney

What Is Spousal Support and Maintenance?

Spousal support and maintenance, formally known as “alimony,” is provided to the “non-monied” spouse to give the non-monied spouse time to become self-supporting following the separation or judgment of divorce.

What Is the Difference Between Alimony and Spousal Support?

There is no difference between alimony and spousal support. Spousal support, now called “maintenance,” is synonymous with the term formally known as “alimony.”

How Does Spousal Support Work?

The monied spouse may be required to pay a monthly amount of spousal support to the non-monied spouse for a total amount and total duration defined by the statute, determined by a court, or agreed upon between the parties.

How Is Spousal Support Determined?

New York State spousal support provides a formula and calculation using factors including but not limited to, the party’s income, length of their marriage, and factors into the equation whether one parent may also be paying child support at the same time. This formula provides a guideline for the total amount of support and the duration of spousal support.

Spousal Support Modification

When entering into a contractual agreement regarding a final award of spousal support, it is not easy to modify that written agreement. Modification of spousal support awards have may only be granted upon selects grounds, including but not limited to if the award was based on fraudulent information and/or if there’s an unforeseen and substantial change in circumstances following the award/court order of spousal support, or circumstances similar thereto.

Is Spousal Support Mandatory After Divorce?

No, spousal support is not mandatory to be awarded during or after a divorce. However, it is mandatory to address spousal support in all divorce proceedings.

Do You Have to Pay Spousal Support during a Separation?

Whether or not you pay spousal support during a separation depends on the circumstances. You do not have to pay spousal support if your incomes do not generate a presumptive award of spousal support—and/or—if two parties agree to waive spousal support—and/or—if a court denies your request for spousal support during any separation.

Can You File for Spousal Support before Divorce?

You may file for spousal support in Family Court prior to a divorce proceeding in Supreme Court.

Can You File for Spousal Support after Divorce?

No, you cannot file for spousal support after the conclusion of a divorce proceeding.

Can Spousal Support Be Modified?

There are only a few select rare circumstances where spousal support can be modified after a decision from the trial court. There are even less scenarios of modifying an agreement entered into between the two spouses.

When Does Spousal Support Start?

Spousal support starts to accrue on the date the formal request was made and the payment of spousal support starts on the date in which it was granted (by the Court) or on a mutually agreed upon date identified and confirmed between the parties (generally confirmed formally in writing).

When Does Spousal Support End?

Spousal support ends on the date a court determines or on a mutually agreed upon date identified and confirmed between the parties.

How Long Can a Person Get Spousal Support?

The longest award of spousal support is known as “lifetime” maintenance, meaning there is no end date to the award prior to either party’s death. However, the most common duration of spousal support is based upon the statutory advisory schedule as follows:

• Up to and including 15 years of marriage: maintenance as 15% to 30% of length of marriage
• 15-20 years of marriage: maintenance as 30% to 40% of length of marriage
• More than 20 years of marriage: maintenance as 35% to 50% of length of marriage

Does Spousal Support End at Retirement?

Spousal support is not required to end at retirement. However, many courts and attorneys take retirement ages into consideration when determining or calculating the duration of any spousal support award and/or agreement.

Is Spousal Support Taxable?

No, spousal support is not taxable. Prior to December 31, 2018, New York State spousal support was tax inclusive to the recipient of support and tax-deductible to the payor spouse. Federal laws have now provided that all future spousal support payments are no longer tax inclusive or tax deductive.