Spousal Support in New York
Skilled representation in spousal support (A.K.A. alimony) matters, customized to the needs and goals of our clients located in New York City, Manhattan and Brooklyn.
Understanding Spousal Support IN NEW YORK CITY
During the divorce process, one spouse may ask the judge to award financial payments to help support themself during and/or after the divorce. The parties may agree on the amount to be paid, or the couple may have a prenuptial or postnuptial agreement that sets out alimony payments. If there is no agreement between the parties, the judge will look at many different factors and decide if there should be an award and the amount of the payment. In New York, these payments may be called “alimony,” “maintenance,” or “spousal support.”
In making a decision about alimony, the court will look at the following factors:
- Income and property of both spouses
- Length of the marriage, including any time the couple lived together before and after the marriage
- Age and health of both spouses
- The present and future earning ability of each spouse, including the reduced ability of one spouse due to the delaying of education or career opportunities, and the inability to earn due to age or absence from the workforce
- Need for one spouse to gain education or training, and how long this might take
- Acts that prevent a spouse’s ability to gain employment or increase earning ability (for example, mental or physical abuse)
- Where children from the marriage live
- Any need to care for family members other than children
- Any need to pay for exceptional expenses, such as schooling and medical care for children
- Tax consequences to each spouse resulting from paying or receiving alimony
- What property was awarded during equitable distribution
- Loss of health insurance due to the divorce
- Contributions and services by the spouse seeking alimony, such as homemaker
- Contributions, and any wasteful dissipation (use) of marital property by either spouse or unfair transfer or hiding of assets.
When the judge looks at these factors, there is no fixed formula used to make the decision. Both parties will present evidence to the judge in support of their case, and the judge will make the decision based on an assessment of the entire set of circumstances.
Does Having an Affair Impact Spousal Support?
Marital fault, including adultery, is not commonly considered by the court when awarding alimony and in dividing marital property. In particular, adultery will not automatically result in an award of alimony.
Courts in New York will look for “egregious” behavior or acts by a spouse in considering an award, and courts have found that adultery by itself is not “egregious” enough. However, when one spouse commits adultery and uses a large chunk of marital assets on a lover (for example, on gifts, vacations, or hotel rooms), the judge may find this to be a “wasteful dissipation” of the marital assets. The adulterous activity would then become one factor the judge considers in making the alimony award.
Frequently Asked Questions
A judge will determine how long alimony or spousal support is supposed to paid for. Learn More
In the state of New York all property and income acquired during the length of the marriage is subject to equitable property. Learn More
Spousal support or alimony can be awarded depending on a variety of factors such as income, the length of the marriage, etc. Learn More
Hiring a Divorce Attorney You Can Count On
At Brian D. Perskin & Associates P.C. we know how difficult facing a divorce can be. Let us craft a strategy for handling your case and guide you through the process to help you reach an agreement you can be confident in.