Spousal Support and Maintenance in New York City

In divorce cases, one spouse may be required to provide financial support to the other. This support can take the form of spousal support (during the divorce process) or spousal maintenance (after the divorce is finalized). Understanding the laws and factors that determine spousal support and maintenance in New York City is crucial. At New York Family Attorneys, our experienced divorce attorneys can guide you through this complex process and advocate for your best interests.

Spousal Support in NYC

Spousal support is court-ordered financial support paid to a spouse during the divorce process, before the divorce is finalized. It is designed to ensure that both spouses have the financial resources they need while the divorce is pending.

Temporary Spousal Maintenance

New York courts use a formula to determine temporary spousal maintenance. This formula considers the income of both spouses and aims to maintain the standard of living the couple enjoyed during their marriage. You can find the temporary spousal maintenance calculator on the New York State Unified Court System website.

Duration of Spousal Support

Spousal support continues until the divorce is finalized or until the court modifies or terminates the order. The duration can vary depending on the complexity of the case and how long it takes to resolve all outstanding issues in the divorce.

Spousal Maintenance in NYC

Spousal maintenance, formerly known as alimony, is court-ordered financial support paid to a former spouse after the divorce is finalized. It is designed to help a spouse become self-supporting or to address financial disparities that may exist after the marriage ends.

Types of Spousal Maintenance

• Durational Maintenance: Paid for a specific duration, often based on the length of the marriage.

• Non-Durational Maintenance: Paid indefinitely, typically in long-term marriages where one spouse has limited earning capacity or health issues.

• Rehabilitative Maintenance: Awarded for a limited time to allow a spouse to gain skills or education to become self-supporting.

Factors Determining Spousal Maintenance

New York courts consider various factors when deciding whether to award spousal maintenance, the amount, and the duration:

• Income and Property: The income and assets of each spouse, including their share of marital property, are crucial factors. If one spouse has significantly more income or assets, they may be required to pay maintenance.

• Length of the Marriage: Longer marriages may result in longer or greater maintenance awards, especially if one spouse sacrificed their career or education to raise children or support the other spouse's career.

• Age and Health: A spouse's age and health can impact their ability to be self-supporting. A spouse in poor health or with limited earning potential due to age may be entitled to more maintenance.

• Earning Capacity: The present and future earning capacity of each spouse is evaluated. If one spouse has a higher earning capacity, they may be required to pay maintenance to help the other spouse become self-sufficient.

• Education and Training: The need for education or training to enhance earning capacity is considered. Rehabilitative maintenance may be awarded to support a spouse while they pursue education or training.

• Contributions to the Marriage: Non-financial contributions, such as homemaking, childcare, and supporting the other spouse's career, are taken into account.

• Misconduct: Marital misconduct, such as domestic violence, adultery, or substance abuse, can influence the court's decision on maintenance.

• Childcare Responsibilities: The impact of childcare responsibilities on a spouse's ability to work is considered. A spouse who is the primary caregiver for young children may be entitled to more maintenance.

• Tax Consequences: The tax implications of spousal maintenance are taken into account. Maintenance is considered taxable income for the recipient and deductible for the payer.

• Other Factors: The court can consider any other factor it deems just and proper, such as the loss of health insurance benefits or the need to relocate.

How Our NYC Spousal Support and Maintenance Lawyers Can Help

Spousal support and maintenance can be complex and contentious issues in a divorce. Our experienced NYC spousal support and maintenance lawyers can:

• Analyze your financial situation: We will thoroughly review your financial situation, including your income, expenses, assets, and debts, to determine your needs and options.

• Advise you on your rights and options: We will explain the laws and procedures related to spousal support and maintenance in NYC and advise you on the best course of action for your situation.

• Calculate appropriate support and maintenance amounts: We will use our expertise and knowledge of the relevant factors to calculate appropriate support and maintenance amounts.

• Negotiate with your spouse or their attorney: We will skillfully negotiate with your spouse or their attorney to reach a fair agreement on spousal support and maintenance.

• Represent you in court: If necessary, we will aggressively represent you in court to protect your rights and secure a favorable outcome.

• Help you modify or enforce existing orders: If your circumstances change or your spouse fails to comply with a support or maintenance order, we can help you modify or enforce the order.

Modifying or Terminating Spousal Maintenance

Spousal maintenance orders are not set in stone. They can be modified or terminated if there is a significant change in circumstances, such as an increase or decrease in either spouse's income, a change in health, or remarriage. Our attorneys can help you pursue a modification or termination if your circumstances warrant it.

Enforcing Spousal Support and Maintenance Orders

If your former spouse fails to pay court-ordered spousal support or maintenance, we can take legal action to enforce the order. This may involve wage garnishment, property liens, or other enforcement mechanisms.

Spousal Support, Maintenance, and Child Support

It's important to understand how spousal support and maintenance interact with child support obligations. The court will consider all financial obligations when determining appropriate support amounts. For example, if one spouse is paying child support, that may be factored in when determining their ability to pay spousal maintenance.

Spousal Maintenance in High-Net-Worth Divorces

In high-net-worth divorces, spousal maintenance can be particularly complex. The court may consider factors such as the lifestyle the couple enjoyed during the marriage and the division of significant assets.

Spousal Maintenance and Adultery or Domestic Violence

In some cases, marital misconduct, such as adultery or domestic violence, can influence the court's decision on spousal maintenance.

Spousal Maintenance and Separate Property

If one spouse has significant separate property (assets acquired before the marriage or through inheritance), this may be considered when determining the need for spousal maintenance.

Cohabitation and Spousal Maintenance

Cohabitation with a new partner can sometimes affect spousal maintenance obligations. The court may consider the new partner's income and contributions to the household when determining whether to modify or terminate maintenance.

Pre- and Post-Nuptial Agreements

Pre- and post-nuptial agreements can address spousal support and maintenance, potentially waiving or limiting these obligations.