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.