How to Have an Amicable Divorce?

Divorce can often be a word that conjures images of vicious, drawn-out battles, and heartache, but it doesn’t have to be that way. An amicable divorce is not just a possibility; it is a constructive choice that can lead to a healthier outcome for all involved. From initiating the divorce to its conclusion, couples can navigate the delicate process of divorce with their dignity and peace of mind intact. At The Law Office of Richard Roman Shum, we understand the intricacies of New York divorce law and advocate for an amicable approach whenever possible.

The pursuit of an amicable divorce is not merely about maintaining a cordial relationship with your soon-to-be ex-spouse; it’s about laying the groundwork for your future and possibly the well-being of your children. The emotional and financial benefits of an amicable resolution are significant. By avoiding the adversarial court process, you can save time, reduce costs, and control the outcomes more directly. This can be particularly advantageous in Manhattan, where the complexities of assets and urban lifestyles can complicate divorce proceedings.

At The Law Office of Richard Roman Shum, our skilled Manhattan divorce attorneys are committed to facilitating a collaborative environment for couples. We strive to turn the tide of conflict toward a more constructive dialogue, ensuring that both parties feel heard and respected. Our approach prioritizes your needs and interests, helping you to achieve fair and equitable results while minimizing stress and promoting a positive post-divorce future.

If you and your spouse are considering divorce and would like to explore a path that eschews contentious litigation for cooperation and mutual respect, contact The Law Office of Richard Roman Shum at (646) 259-3416 today. Let us guide you through a process that honors the life you’ve built together and the individual futures you both deserve. 

Defining Amicable Divorce: What It Means for Couples

Divorce can often be a contentious and emotionally charged process, but for couples in Manhattan who wish to part ways respectfully, an amicable divorce offers a different path. This approach emphasizes cooperation, communication, and negotiation to resolve differences, making the process potentially less stressful and more dignified for both parties.

An amicable divorce is characterized by the mutual agreement of both spouses to dissolve their marriage without engaging in a bitter legal battle. Couples who pursue an amicable divorce typically work together to make decisions on all aspects of their separation, including asset division, child custody, and support arrangements. This type of divorce is not about one party winning or losing but rather finding a fair and respectful resolution that considers the well-being of everyone involved, especially children.

Legal Requirements for Divorce in Manhattan

New York law stipulates several grounds for divorce, but for an amicable separation, the most pertinent to this discussion is the “no-fault” divorce option. This was introduced in New York State in 2010 and allows couples to file for divorce by citing an irretrievable breakdown of the marriage for at least six months. By choosing the no-fault option, couples can avoid airing their grievances in a public forum, which can be an emotionally taxing experience.

To file for divorce in Manhattan, at least one spouse must have been a resident of New York for a continuous period of at least two years prior to filing, or the couple must have been married in New York and lived in the state for at least one year. Apart from residency requirements, spouses must also agree on all the key issues of their divorce or have these settled before the divorce is granted. This includes division of property, child custody and visitation, child support, and spousal support.

The Benefits of Pursuing an Amicable Separation

Choosing an amicable divorce offers a myriad of benefits. It usually reduces the financial and emotional costs associated with adversarial court proceedings. It also allows couples to maintain greater control over their post-marriage arrangements and fosters a spirit of collaboration that can be invaluable, especially when children are involved.

An amicable process can help preserve a functional relationship between ex-spouses, which is essential for effective co-parenting. It also allows for more privacy, as details of the divorce settlement are less likely to be made public than in a contested divorce. Lastly, amicable divorces can be resolved more quickly, allowing both individuals to move forward with their lives without prolonged legal disputes.

For couples in Manhattan considering an amicable divorce, it is beneficial to consult with a knowledgeable local attorney who is experienced in divorce and family law. Such an attorney can provide valuable guidance throughout the process, ensuring that all legal requirements are met and that the settlement reached is in the best interest of their client.

Preparing for the Divorce Process

The journey toward an amicable divorce begins long before any legal papers are filed. In Manhattan, as in the rest of New York, the process is governed by specific laws and procedures, but the groundwork for a smooth divorce lies in the preparation and the initial conversations between spouses.

Initiating the Conversation with Your Spouse

The first step towards an amicable divorce is often the most difficult: starting the conversation. When you decide to initiate this talk with your spouse, it’s essential to approach the subject with sensitivity and respect. Consider your spouse’s feelings and pick a moment when you both have the time and privacy to discuss the matter without interruptions.

It’s crucial to be clear about your intentions while also being open to listening. This conversation is not about assigning blame but rather expressing your desire to end the marriage as amicably as possible. In New York, where the divorce rate reflects the national average, such conversations are becoming increasingly common, and a respectful dialogue can set the stage for a cooperative divorce process.

Setting Realistic Expectations and Goals

An amicable divorce is more attainable when both parties have realistic expectations. In Manhattan, the complexities of high-asset divorces or those with child custody considerations require a clear understanding of what can and cannot be achieved. Setting goals may involve compromise and negotiating terms that are acceptable to both parties.

Your divorce attorney can help clarify what New York law allows and advise on what’s fair and reasonable. For instance, New York uses the principle of equitable distribution, which means the court divides marital property fairly, though not always equally. Understanding such principles will guide you in setting realistic goals for the outcome of your divorce.

Choosing the Right Time and Place to Discuss Divorce

The timing and setting of the initial divorce discussion can significantly impact the tone of the entire process. In a bustling city like Manhattan, finding a quiet, private space away from the demands of work and family life is important. It’s advisable to avoid times of high stress, such as during a family crisis or significant life changes.

Choose a neutral location where both of you feel safe to express yourselves. It’s also important to ensure there is enough time to have a thorough discussion without the pressure of other engagements. By choosing the right time and place, you can help ensure that both parties feel heard and respected, which is foundational for an amicable divorce process.

Incorporating these steps into the preparation phase of a divorce can help Manhattan couples navigate the complexities of ending their marriage with dignity and mutual respect. A Manhattan divorce attorney can provide the necessary legal guidance and support to make this challenging time as smooth and amicable as possible, following New York’s divorce laws.

Essential Steps to Foster Amicability

Fostering amicability during a divorce requires a proactive and deliberate approach. The success of an amicable divorce hinges on the willingness of both parties to engage in open dialogue, utilize available resources such as mediation, and potentially opt for a collaborative law process.

Embracing Open and Honest Communication

The cornerstone of an amicable divorce is the ability of both parties to maintain open and honest communication. This is not merely a matter of courtesy but a practical necessity. When spouses can express their needs, concerns, and preferences without hostility, they lay the groundwork for fair negotiations and a mutually acceptable divorce agreement.

Communication should be clear, especially when discussing complex issues like asset division, which, under New York law, is subject to equitable distribution. This does not necessarily mean a 50/50 split, but rather a fair division based on a variety of factors, which both parties need to understand and discuss openly.

Utilizing Mediation Services in Manhattan

Mediation is a highly effective tool for couples looking to divorce amicably in Manhattan. New York courts often encourage mediation as a means to resolve disputes without litigation. A neutral third party, known as a mediator, facilitates discussions between the spouses to help them reach a voluntary agreement on all aspects of their divorce.

Mediation can be particularly beneficial in Manhattan, where the courts are frequently overloaded. It provides a more private, less adversarial, and often quicker way to settle disputes than going to court. Moreover, mediation can be more cost-effective, saving both parties time and money – valuable commodities in New York City life.

The Role of Collaborative Law in Amicable Divorces

Collaborative law is another avenue for maintaining amicability during a divorce, and it’s supported by New York’s legal framework. In a collaborative divorce, each spouse hires an attorney trained in collaborative law, and all parties agree to work together to resolve issues without going to court.

This approach is particularly suited to Manhattan’s dynamic and often complex divorce cases. Collaborative law promotes a team-based approach to negotiation, where other professionals, such as child custody specialists or financial advisors, can be brought in to advise. It enables both parties to have legal representation and quality guidance while working towards a settlement that respects the interests of both spouses and any children involved.

Embracing these steps can significantly improve the prospects of an amicable divorce for couples in Manhattan. With the guidance of a seasoned Manhattan divorce attorney familiar with New York divorce laws, spouses can navigate the end of their marriage with dignity, respect, and a sense of collaboration – preserving their emotional well-being and potentially saving time and resources.

Financial Considerations for a Smooth Divorce

When navigating through a divorce in Manhattan, financial considerations are among the most significant aspects to manage. New York divorce laws require careful attention to the equitable distribution of assets, alimony determinations, and the handling of joint debts. A comprehensive approach to these financial matters can contribute greatly to a smooth divorce process.

Equitable Asset Distribution

In New York, the division of assets during a divorce follows the principle of equitable distribution. This means that marital property is divided in a way that is fair, but not necessarily equal. Factors such as the length of the marriage, each spouse’s income and property when they married and when they filed for divorce, and each party’s contribution to the marriage (including contributions as a homemaker) are all considered.

For Manhattan residents, who may have complex or high-value asset portfolios, it’s critical to accurately value all marital property, including real estate, businesses, retirement accounts, and investments. Spouses should gather all financial documentation and work with their attorney and, if necessary, financial experts, to ensure an equitable division that reflects their contribution to the marriage and current and future financial needs.

Understanding and Negotiating Alimony

Alimony, known as spousal maintenance in New York, is another crucial financial issue in divorce. The purpose of alimony is to provide financial support to a spouse who earns less or has been out of the workforce. New York uses a formula to suggest an appropriate amount of spousal maintenance based on each spouse’s income and the length of the marriage.

However, the formula is just a starting point. Other factors, such as the age and health of the spouses, their present and future earning capacity, and the need to care for children, can affect the final amount. In Manhattan, where the cost of living is high, these negotiations require careful planning and consideration to ensure a fair outcome.

Dealing with Joint Debts and Financial Obligations

Joint debts are another aspect of financial considerations that can’t be overlooked. Both parties are generally responsible for any debts incurred during the marriage. This can include credit card debt, loans, and mortgages. In Manhattan, where living expenses and the cost of credit are high, it’s important to address these obligations carefully.

Couples should disclose all debts and work together to decide who will be responsible for each debt or whether they will continue to handle them jointly. This is often a negotiation point and can be settled through mediation or collaborative law. It’s also advisable for each party to monitor their credit reports to ensure all debts are accounted for and properly managed.

By addressing these financial considerations with diligence and transparency, and with the guidance of a knowledgeable Manhattan divorce attorney, couples can work toward a financial settlement that is fair and equitable for both parties, paving the way for a smooth divorce and a stable post-divorce financial future.

Financial Consideration	Details
Equitable Asset Distribution	Assets divided fairly, not necessarily equally, based on factors like marriage length and contributions.
Valuing Marital Property	Accurate valuation of assets, especially in complex portfolios; may require expert assistance.
Alimony (Spousal Maintenance)	Formula-based with adjustments for factors like age, health, earning capacity, childcare; vital in Manhattan.
Dealing with Joint Debts	Joint debt responsibility, including credit cards, loans, mortgages; clear agreements crucial in high-cost Manhattan.

Co-Parenting and Child Custody Agreements

In the state of New York, and particularly in the unique urban setting of Manhattan, establishing co-parenting and child custody agreements during a divorce is a process that places the well-being of the children at the forefront. By adhering to the state’s laws and prioritizing the best interests of the children, parents can lay a strong foundation for a cooperative future as co-parents.

Prioritizing Children’s Best Interests

New York law mandates that all decisions regarding child custody and visitation must prioritize the best interests of the children. This encompasses considerations of the child’s safety, their emotional and intellectual development, the quality of their home environment, the parental guidance each parent provides, and the child’s own wishes, depending on their age and maturity.

In Manhattan, where schedules can be hectic and living arrangements diverse, parents need to maintain a focus on stability and continuity for their children. This might involve creating schedules that minimize disruption to the child’s school and social life, ensuring they have access to educational and cultural opportunities, and providing for their emotional needs amidst the changes a divorce brings.

Crafting a Collaborative Parenting Plan

A parenting plan is a detailed agreement that outlines how parents will raise their children following a divorce. In Manhattan, where diverse opportunities and busy lifestyles can complicate co-parenting, the plan needs to be comprehensive and collaborative. Elements of a parenting plan typically include residential arrangements, a visitation schedule, holiday and vacation plans, arrangements for health care and education, and methods for resolving future disputes.

Both parents should work together, often with the help of their attorneys or a mediator, to develop a plan that serves the best interests of the children while also accommodating the parents’ schedules and responsibilities. A collaborative parenting plan can help reduce conflicts and provide a roadmap for effective co-parenting.

Addressing Child Support in an Amicable Manner

Child support is a critical component of any divorce involving children in New York. The state has specific guidelines that determine the amount of support, which takes into account the income of both parents, the number of children, and the percentage of time the child spends with each parent.

In Manhattan, with its high cost of living, it’s important to ensure that child support arrangements are adequate and fair, providing for the children’s needs without causing undue financial burden on either parent. An amicable approach to child support acknowledges both the financial responsibilities and the contributions of each parent towards the children’s well-being.

Co-parenting and child custody agreements require careful consideration and a spirit of cooperation to effectively meet the needs of the children involved. By prioritizing their best interests, crafting a collaborative parenting plan, and addressing child support amicably, parents in Manhattan can navigate the divorce process with a child-centered approach that respects the roles of each parent and provides for the security and happiness of their children.

Emotional Aspects of Divorce

Divorce is not only a legal process but also an emotional journey. In Manhattan, where the pace of life is fast and pressures are high, recognizing and managing the emotional aspects of divorce becomes crucial. Understanding New York divorce laws and knowing what to expect can alleviate some stress, but addressing the emotional impact directly is key to maintaining one’s well-being throughout the process.

Managing Stress and Emotional Well-Being During Divorce

The stress of a divorce can be amplified by the hustle of Manhattan life. It’s important to find strategies to manage this stress effectively. Recognizing the emotional stages of divorce is the first step. It is normal to experience a roller coaster of emotions, and acknowledging them can help individuals cope better.

Creating a routine to provide structure and stability can be beneficial. Additionally, separating the emotional aspects from the legal process is vital. While it’s natural for emotions to run high, especially when dealing with the legal nuances of New York’s divorce laws, maintaining focus on the practical steps can help in managing one’s emotional state.

The Importance of Self-Care and Support Networks

Self-care is often overlooked during a divorce, yet it is essential for mental health. Individuals going through a divorce in Manhattan should be encouraged to maintain or adopt a healthy lifestyle, including regular exercise, a balanced diet, and sufficient sleep. Engaging in activities that bring joy and relaxation is equally important.

Moreover, support networks play a critical role in navigating the emotional turmoil of divorce. Friends, family, and support groups can offer the necessary emotional backup. Manhattan has a variety of support systems available, from formal support groups to informal meet-ups, which can provide a sense of community and understanding.

Seeking Professional Counseling When Needed

At times, the emotional impact of divorce may become overwhelming, and professional help may be needed. Therapists and counselors, particularly those experienced with the stressors associated with divorce, can provide individuals with coping mechanisms to navigate their emotions effectively.

In the context of New York divorce laws, a Manhattan divorce attorney might also suggest consulting with a mental health professional to help manage the emotional aspects. This can be especially important when there are children involved, as maintaining emotional stability is key to effective co-parenting post-divorce.

Divorce is inherently emotional, and for residents of Manhattan, these emotions can be intensified by the environment. Managing stress, investing in self-care, utilizing support networks, and seeking professional counseling when necessary, can help individuals take care of their emotional health as they work through the legalities and logistics of their New York divorce.

Legal Representation and Guidance

When it comes to divorce, legal representation is not just about litigation; it’s about guidance, strategy, and ensuring a fair process. In Manhattan, where the stakes can be high and the cases complex, the role of a divorce attorney is crucial—even when the divorce is amicable. Understanding when and how to engage with a Manhattan divorce lawyer can make a significant difference in the divorce experience.

The Role of a Divorce Attorney in an Amicable Divorce

Many assume that an amicable divorce doesn’t require a divorce attorney, but this isn’t the case, especially under the intricate frameworks of New York law. A divorce attorney’s role in an amicable divorce is to provide counsel, ensuring that all decisions are informed and rights are protected. The division of high-net-worth assets, understanding spousal support nuances, and negotiating child custody require legal skill—even when both parties are in agreement.

An attorney can help draft the necessary legal documents, outline the potential legal outcomes, and offer a clear understanding of the equitable distribution of assets. They ensure that the amicable agreements made are also legally sound and enforceable, preventing future disputes and complications.

When to Consult with a Manhattan Divorce Lawyer

Consulting with a divorce lawyer should be considered early in the process—even before informing your spouse of your decision, if possible. Early consultation provides a clear picture of your legal standing, what to expect, and how to prepare. For Manhattan residents, where financial and parenting arrangements may be more complex, early legal advice is particularly valuable.

It is also important to consult a lawyer when there are changes in the divorce agreement, when navigating prenuptial agreements, or when circumstances change substantially, such as a shift in either party’s financial situation or when relocating with children.

How Legal Professionals Can Facilitate Amicable Resolutions

Legal professionals, especially those adept in Manhattan’s divorce law landscape, can facilitate amicable resolutions by offering alternative dispute resolution methods, such as mediation or collaborative divorce. These methods prioritize a cooperative approach and can often result in a more peaceful and cost-effective divorce process.

Attorneys can act as mediators, helping both parties reach a mutual agreement that is fair and in alignment with New York divorce laws. They can also help manage communications between spouses, reducing the potential for conflict and ensuring that discussions remain productive.

Even in amicable divorces, a Manhattan divorce attorney’s guidance is indispensable. From ensuring the legal soundness of agreements to facilitating negotiations and protecting clients’ rights, lawyers play a vital role. By engaging with a legal professional early and throughout the divorce process, parties can navigate New York’s complex divorce laws with confidence and ensure that the final settlement is equitable and sustainable.

Finalizing the Divorce Amicably

Even when both parties are eager to finalize a divorce amicably, the process can be complex and emotionally taxing. In Manhattan, where the legal landscape can be particularly daunting, it is essential to understand the process, know what to expect when signing the divorce agreement, and be aware of post-divorce formalities. Proper navigation of these steps can ensure that the dissolution of the marriage is as smooth and conflict-free as possible.

Understanding the Manhattan Divorce Court Process

The Manhattan divorce court process follows the New York State divorce laws but does so within the unique context of New York County’s Supreme Court. To finalize a divorce amicably here, you’ll first need to ensure that all grounds for the divorce meet state requirements, which include both fault-based and no-fault grounds.

Once the grounds are established, the process typically involves submitting a summons and complaint or summons with notice to the court. If both parties agree on all matters (an uncontested divorce), they can prepare and sign a settlement agreement, outlining the terms for property division, child custody, alimony, and any other relevant matters.

A key aspect of the Manhattan court process is the case management system, which is designed to streamline the process. Couples are encouraged to resolve their issues outside of court when possible, often through mediation or collaborative law, which can be less adversarial and more time-efficient.

Signing the Divorce Agreement: What to Expect

Signing the divorce agreement is a critical step in finalizing an amicable divorce. By the time you reach this stage, both parties should have a complete understanding of its contents, which will have been negotiated and drafted with the assistance of a divorce attorney.

In Manhattan, the agreement must be thorough, covering all pertinent aspects of the divorce, including division of marital property, spousal and child support, and parenting time. It’s important to review the agreement carefully, ideally with legal counsel, before signing. This document will dictate the terms of the post-divorce relationship, and it is legally binding once it has been signed and ratified by the court.

Post-Divorce Formalities and Closure

After the divorce agreement is signed, there are still several formalities to be completed to ensure that the divorce is legally finalized. This includes submitting the agreement to the court for approval and waiting for the judge to issue a final decree of divorce, known as the Judgment of Divorce.

In Manhattan, the court may have additional formalities, such as submission of findings of fact and conclusions of law, along with the judgment. Once the judgment is signed by the judge, the divorce is official. However, the process doesn’t end there. You may need to update your personal records, execute the transfer of property as stipulated, and adjust your estate planning documents to reflect your new marital status.

In summation, finalizing a divorce amicably in Manhattan involves understanding the specific court processes, thoroughly reviewing and signing the divorce agreement, and completing post-divorce formalities. Both parties should approach each stage thoughtfully and with good counsel to ensure that the amicable end to the marriage is handled with respect, fairness, and legality.

Explore The Amicable Approach with The Law Office of Richard Roman Shum

An amicable divorce is more than a legal process—it’s a commitment to resolve differences with dignity and a focus on the future. Our Manhattan divorce attorneys understand that every couple has a distinct story, and we aim to honor that story while helping you turn the page with grace. The Law Office of Richard Roman Shum is here to be your advocate during this period of transition, ensuring that your voice is heard and your rights are protected.

With the seasoned guidance of The Law Office of Richard Roman Shum, you can explore a less contentious approach to divorce, one that paves the way for amicable solutions. Our team’s extensive skill and track record are at your service, providing clarity and support as you embark on this delicate journey.

Embrace the possibility of a respectful closure and a harmonious new chapter. Contact The Law Office of Richard Roman Shum today at (646) 259-3416, and let us assist you on the path to an amicable resolution.

from Law Office of Richard Roman Shum, Esq. https://www.romanshum.com/blog/how-to-have-an-amicable-divorce/

Do Both Parents Need to be Present for Their Child’s Passport Application in New York?

Navigating the complexities of child passport applications can be a challenging and time-consuming process, especially when it comes to understanding the importance of both parents’ involvement and the legal requirements for parental consent. In this article, we delve into the critical aspects of the child passport application process in New York, including the necessary documents, submission procedures, and situations where both parents are not required for completing the application.

Having the guidance of a skilled New York family lawyer can make a world of difference in understanding and addressing any potential legal issues surrounding the application process, ensuring that your child’s best interests are protected. Call the Law Office of Richard Roman Shum today at (646) 259-3416 to learn more about how our team of experienced New York family law attorneys can help you navigate the child passport application process smoothly and efficiently.

Importance of Both Parents in a Child’s Passport Application

The involvement and consent of both parents during a child’s passport application process is crucial for various reasons. Both parents are considered legal guardians of their children, meaning that both parties have equal say in making decisions relating to their child’s wellbeing. This includes travel permissions and passport applications, which require legal consent from both parents to ensure the child’s safety and prevent parental child abduction.

Legal Requirements for Parental Consent

In New York, passport applications for minors require the consent of both parents or legal guardians. This legal requirement ensures that both parents are aware of, and agree to, their child traveling abroad with a passport. Parental consent is especially important when a child is traveling alone or with only one parent.

For instance, in the United States, both parents must provide consent for a child under 16 years of age to obtain a passport. If one parent cannot be present during the passport application process, they must submit a notarized consent form (Form DS-3053) granting permission for the child to obtain a passport. In cases where one parent has sole legal custody, that parent must submit documents proving their custodial rights.

The Two-Parent Consent Law

The Two-Parent Consent Law was established in response to increased international parental child abductions. The law requires both parents to provide consent for a child’s passport application to ensure that children are not wrongfully removed from their home country by a single parent.

The law states that both parents must appear in person at a passport acceptance facility with the necessary identification, passport photos, and evidence of their relationship to the child. In cases where one or both parents cannot attend, a signed and notarized consent form or court documents granting one parent sole custody and authority to apply for the child’s passport must be provided.

The Two-Parent Consent Law creates a system of checks and balances to reduce the risk of international child abductions and ensures both parents have a say in their child’s international travel.

Child Passport Application Process in New York

Applying for a child’s passport in New York may seem like a daunting task, but following the proper steps and gathering the required documents can make the process smooth and efficient. We cover the important aspects of the child passport application process in New York, including the required documents, where to submit the application, and situations where both parents are not needed to complete the application.

Required documents for application

To apply for a child passport in New York, you will need to gather several documents before proceeding with the application process. Here’s a list of documents that you will need:

• Form DS-11: This is the standard passport application form for the United States. You can download it from the U.S. Department of State’s website, sign it at the time of submission, and provide all the details about the child, such as name, date of birth, place of birth, and social security number.
• Proof of citizenship: To apply for a child’s passport, you must provide proof of U.S. citizenship. Acceptable documentation includes a certified copy of the child’s U.S. birth certificate or a previous U.S. passport. Wait until you get a certified copy of the child’s birth certificate before applying for the passport.
• Proof of relationship: You also need to provide documentation proving a relationship between the child and parents. Typically, the child’s U.S. birth certificate, including the names of both parents, will serve as sufficient proof. If the child was born outside the United States, you can provide a foreign birth certificate, adoption decree, or court order establishing custody or guardianship.
• Parental identification: Parents must present valid identification when submitting the child’s passport application. This could include a U.S. passport, driver’s license, military ID, or government employee ID. Parents also need to submit photocopies of the front and back of their identification along with the application.
• Passport photos: You must submit 2×2-sized passport photos of the child, taken within six months of the application date. 
• Payment: The child passport application fee must be paid at the time of submission, which currently stands at $115 for a minor passport book.

Required Documents for Child Passport Application	Details
Form DS-11	Standard passport application form for the United States.
Proof of citizenship	Certified copy of the child’s U.S. birth certificate or previous U.S. passport.
Proof of relationship	Child’s U.S. birth certificate, foreign birth certificate, adoption decree, or court order.
Parental identification	Valid identification of both parents, such as U.S. passport, driver’s license, or military ID.
Passport photos	Two 2×2-sized passport photos of the child, taken within six months of the application date.

Where to submit the application

In New York, you can submit a child passport application at a U.S. Passport Acceptance Facility. There are many locations throughout the state, including post offices, courthouses, and public libraries. Some facilities require appointments, while others allow walk-ins. Visit the U.S. Department of State’s website to find the closest facility and verify their hours and appointment requirements.

In case of urgent travel plans, you may apply for an expedited service by providing proof of imminent international travel. This service has an additional fee, and you must apply in person at a U.S. Passport Agency or Center. The nearest location in New York is the New York Passport Agency, located at 376 Hudson St, New York, NY 10014.

Parental Exceptions and Special Circumstances

In most cases, both parents should be present when submitting the child’s passport application. However, there are circumstances where only one parent is needed. These include:

Sole Legal Custody

In case you are the sole custodian of your child and need to provide supporting paperwork for your child’s passport application, there are various types of documents you can use. These documents may include:

• a complete court order that grants you full legal custody, like a divorce decree or any other custody order. 
• a detailed court order that specifically allows you to apply for your child’s passport (a photocopy is acceptable) can serve as evidence. 
• a certified copy of your child’s birth certificate that lists you as the only parent
• a certified copy of an adoption decree with you as the sole parent.
• a certified copy of the judicial declaration of incompetence for the other parent who cannot appear in person, or 
• a certified copy of the death certificate of the parent who cannot be present.

Proof Of Sole Legal Custody For Passport

If you find yourself as the sole legal custodian of your child, the authority to make decisions regarding your child’s passport rests solely with you, and you do not require the consent of the other parent. To navigate the process of obtaining a passport for your minor child smoothly, it is essential to meticulously handle the submission of all required documentation along with evidence demonstrating your sole legal authority.

For a parent with sole legal custody, a personal appearance is mandatory when applying for the minor’s passport. During this appearance, you must sign Form DS-11 in front of an Acceptance Agent. A crucial aspect of this process involves submitting primary evidence that confirms your exclusive authority to apply for your child’s passport. The following documents are accepted as proof of sole custody for minors:

• The minor’s certified U.S. or foreign birth certificate, clearly indicating only the applying parent’s name.
• A Consular Report of Birth Abroad (Form FS-240) or Certification of Birth Abroad (Form DS-1350) that expressly identifies the custodian as the sole legal guardian.
• A court order that grants sole custody to the applying parent, with the exception of situations where the child’s travel is restricted according to the provisions of the said order.
• A decree of adoption applies when the applying parent is the sole adopting parent.
• A court order expressly permitting the parent or guardian applying for it to travel with the child.
• A formal acknowledgment of the non-applying parent’s legal incapacity.
• Official documentation confirming the death of the non-applying parent.

Each of these documents serves as crucial evidence of your exclusive legal standing, ensuring a successful application process for your minor child’s passport. 

Navigating the intricate requirements for obtaining a passport under the proof of sole legal custody can be complex, but a skilled New York family law attorney can provide invaluable assistance. At the Law Office of Richard Roman Shum, our experienced attorneys can guide you through the necessary documentation, offer sound legal advice, and advocate for your rights as the sole custodian. Contact us to schedule a consultation and secure your child’s travel documentation with confidence.

One Parent Unable to Appear

In cases where a child’s passport application cannot be accompanied by one of their parents or guardians, the absent party can grant consent by filling out Form DS-3053, known as the “Statement of Consent.” 

To proceed, the parent or guardian who is unable to attend must:

• Sign and date Form DS-3053 while in the presence of a certified notary public, and
• Include a photocopy of both the front and back sides of the identification they presented to the notary public along with Form DS-3053.

Other Parent Cannot be Located

In instances where the other parent cannot be reached or located, form DS-5525, known as the “Statement of Exigent/Special Family Circumstances,” must be submitted.

• Make sure to provide as much information as possible on the form.
• Additional evidence will be required, such as a custody order, incarceration order, or restraining order to prevent international parental child abduction.
• If the non-applying parent is on military deployment, they should generally be able to supply a notarized Form DS-3053. However, in the rare instance that they are unreachable, you must either provide military orders and a Form DS-5525, which indicates that the non-applying parent is on a special assignment for over 30 days outside their duty station and cannot be contacted, or submit a signed statement from the non-applying parent’s commanding officer stating that they are unavailable.

Neither Parent Able to Appear

To obtain a child’s passport, a third party can submit a Form DS-3053, also known as a “Statement of Consent,” or a notarized statement from both parents/guardians granting permission for the third party to apply for the passport on behalf of the child. The statement should include a copy of the parents/guardians’ identification. However, if the statement is provided by only one parent/guardian, the third party must provide proof of sole custody of the consenting parent/guardian.

Keeping Track of Application Status

To ensure your child’s passport application runs smoothly, it is recommended to check the status regularly. You can track the progress of the application online or by phone. Be sure to have your child’s full name, date of birth, and the last four digits of their Social Security number handy when checking the application status.

Additionally, it’s essential to keep in mind that processing times for passports can vary depending on factors like application volume and the time of year. Remember to plan accordingly and apply well in advance of any planned international travel.

Renewing a Child’s Passport

All minor passports have a validity of five years, so it is necessary to renew your child’s passport when it expires. A child under 16, accompanied by both parents, must be present to renew their passport.

If the child’s last passport was issued when they were under 5, provide 1-2 photos per year from the issuance date to the present, demonstrating how their appearance has changed (casual or family photos are acceptable).

To renew the passport, follow these steps:

• Schedule an ACS appointment.
• Complete the DS-11 form online and bring it to the interview.
• Bring the child’s current U.S. Passport (original and a copy of the front page).
• Provide proof of U.S. citizenship (original and a copy): U.S. Birth Certificate or CRBA.
• Present the parent’s proof of identity (original and a copy of the front page): a valid government-issued ID, such as a foreign passport, driver’s license, or ID card.
• Bring one photo.
• Include the child’s SSN on the application. If they don’t have one, you would need to fill out a form with a specific statement indicating that they have never been issued an SSN.
• Pay the required passport services fee.

Obtaining a child’s passport in New York requires careful consideration of various legal requirements, including the involvement and consent of both parents. The Two-Parent Consent Law, in particular, plays a vital role in ensuring the child’s safety and preventing international child abductions. By understanding the necessary documents, submission procedures, and exceptions for parental involvement, parents can navigate the child passport application process with relative ease. 

Enlisting the help of a skilled New York family lawyer can provide invaluable assistance in navigating the complexities of the passport application process. At the Law Office of Richard Roman Shum, our team of skilled New York family law attorneys may be able to help ensure that your passport application is handled smoothly and efficiently, allowing you to obtain the necessary travel documents without unnecessary delay or frustration. Contact us today at (646) 259-3416 to schedule a consultation.

from Law Office of Richard Roman Shum, Esq. https://www.romanshum.com/blog/do-both-parents-need-to-be-present-for-their-childs-passport-application-in-new-york/

How To Avoid Paying Alimony in New York

Alimony or spousal support is financial assistance provided by a person to their spouse. The amount and frequency of alimony payments are decided by either the couple themselves through negotiations or by a judge who has evaluated the couple’s case. 

If you earn more than your spouse, the court may be more likely to assign you the role of “monied spouse,” charged with providing your spouse with alimony. While this is not always the case, having to provide spousal maintenance can prevent you from fully moving on and building a new life after your divorce.

An experienced New York spousal support attorney may be able to help you learn more about your rights and your options on how to modify your alimony order or explore legal ways to stop paying it entirely. At the Law Office of Richard Roman Shum, skilled New York divorce attorney Richard Shum offers quality legal assistance in matters of spousal support and other aspects of divorce. To learn more about how we can help you modify an alimony order, call us today at (646) 259-3416 to schedule a free consultation.

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How To Determine Who Qualifies for Spousal Support

In New York, the court usually assigns spousal support depending on the financial capability of each spouse. The court will prioritize giving alimony to a spouse who can demonstrate that they have a financial need for support. The court initially only order alimony on a temporary basis depending on the time the court determines would be enough for the payee spouse to get back on their feet. 

There are three types of alimony in New York:

• Temporary spousal support
• Post-divorce alimony
• Permanent or “non-durational” alimony

Temporary Alimony in New York

Temporary alimony in New York lasts during the duration of the divorce proceedings themselves. New York courts have a formula they use to calculate the suggested amount of temporary alimony. If the court determines the baseline support determined by the calculator to be unjust or inappropriate, a judge can increase or decrease the amount as they see fit.

The amount of temporary alimony is determined by each party’s income (up to $203,000 of the spouses’ net income) and whether the payor spouse will also have to pay child support on top of paying alimony. Temporary alimony does not affect the court’s decision regarding the awarding of post-divorce spousal maintenance. 

Temporary alimony ends when the divorce is final or either spouse passes away.

Post-divorce Alimony

Post-divorce alimony or spousal maintenance can either be durational or non-durational. Durational alimony lasts for a fixed amount of time depending on how long the couple has been married:

• 15% – 30% of the time married for couples married for less than or equal to 15 years
• 30% – 40% of the time married for couples married for more than 15 years but less than 20 years
• 35% – 50% of the time married for couples married for more than 20 years

The calculation based on the duration of the marriage can be treated by a judge as a jumping-off point when deciding the duration of alimony. A judge can also use other factors (N.Y. Dom. Rel. Law § 236(6)(e) (2022)) to determine how long they can award alimony:

• Age and health of each spouse
• Each spouse’s present and future earning capacity
• Any child support award on top of spousal support
• Wasteful or unjust use of marital property
• Whether the spouses were living together before marriage or living separately before the divorce
• Any acts committed by one spouse to the other that prevented them from obtaining meaningful employment such as financial abuse or domestic violence
• Whether the spouses have medical insurance
• Whether a spouse was prevented from continuing a career due to care for children or other family members
• Tax consequences to each spouse
• The couple’s standard of living during the marriage
• Whether a payee spouse gave up or delayed further education or career opportunities in favor of the marriage
• Distribution of marital assets and whether each spouse can get any income from the properties
• Contributions or services of a payee spouse to the payor such as taking care of the household so that the payor can focus on their career
• Any factor the court believes is justifiable to take into consideration

For high-earners, any amount above the $203,000 previously considered would not affect the baseline calculation unless the judge determines that following the baseline is unjust or inappropriate. If the court decides that a deviation from the baseline is in order, the new amount will be put in writing including the reasoning and the factors the court used to come to that determination.

A post-divorce award lasts until the term of the alimony runs its course, the award is modified, either spouse dies, or the payee spouse remarries. In some cases, it may be changed when a payee spouse starts cohabitating with another person. (N.Y. Dom. Rel. § 236B(a))

New York spousal support attorney

Permanent Alimony in New York

In cases where the couple has been married for a long time and one of the spouses has never had the opportunity to build a career to take care of the family or because the other spouse had a high income. The court can also award non-durational alimony under the following circumstances:

• Age – If the payee spouse was not able to support themselves due to stopping their career to take care of the house or children, and they are at an age wherein it would be difficult to reenter the workforce, they may be awarded alimony. Permanent alimony can also be awarded if the judge decides that the assets the payee spouse would get in the divorce would not be enough to support them financially.
• Medical need – If a payee spouse has a severe medical condition or has a disability that prevents them from being self-sufficient, the court can award them permanent alimony
• Financial dependence – If the judge determines that the payee spouse does not have the ability to become financially independent for any reason, the court can award them permanent alimony

Non-durational alimony in New York will end if either spouse dies or the payee spouse remarries. It can also end if there are changes in the quality of life of either the payor or the payee spouse.

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How Is Alimony Paid in New York?

New York courts typically order spousal support to be paid in a monthly fashion. Depending on the spouses’ agreement, they can arrange a monthly direct deposit payment without interference from the court. In cases where the spouses cannot agree on the schedule and the method of payments, the court can instead arrange an income withholding order from the payor spouse’s account to ensure the collection of alimony payments.

Should a payor spouse miss payments, the payee spouse can file a formal complaint with the court and request an order to collect the missed payments. 

Lump sum payments of alimony can also be awarded subject to a court order or the spouses’ agreement. Before choosing to pay a lump sum for your alimony payment, you should consider the tax implications of doing so. Your spouse may also remarry before the ordered duration of the alimony payments are due, forfeiting the alimony. Before you make any decisions, it is important to seek the help of an experienced New York spousal support attorney. 

At the Law Office of Richard Roman Shum, our attorneys work hard to provide quality legal support and representation to clients involved in matters of family law. Our skilled New York spousal support attorneys may be able to guide you through the roles and responsibilities of being a payor spouse in an alimony case. Call us today at (646) 259-3416 to schedule a free consultation.

How To Avoid Paying Alimony

Paying alimony can be a considerable financial strain to the payor spouse. If the divorce is highly contentious, having to pay spousal support or maintenance may feel like rubbing salt into the wound. However, not paying alimony after being ordered to by the court can result in devastating consequences. 

Approaching the matter of avoiding alimony should be done with careful consideration of the factors surrounding your divorce. There are also some practical and legal methods you can utilize to avoid having to pay spousal support or maintenance in New York.

Creating a Prenuptial or Postnuptial Agreement

A prenuptial agreement can explicitly establish the assets and liabilities each spouse will bring into the marriage. A prenuptial agreement can also include a financial statement from each spouse and lay out exactly which asset belongs to which spouse. 

If you have already finalized your marriage, you can also create a postnuptial agreement. A postnuptial contains essentially the same information as a prenuptial agreement but is created after the marriage.

You should consider having a skilled New York marital agreement attorney draft your documents to make sure they will be enforced by a judge. Having the help of an experienced attorney can ensure that your best interests are protected in the agreement and that it is legally binding.

Give Your Spouse Assets Instead of Spousal Support

If the possibility of creating a prenuptial or a postnuptial agreement is moot due to disagreements with your spouse, you may consider negotiating with your spouse and giving them a larger share of the marital assets, assets that give off income, your marital home, or a bigger chunk of any retirement funds you share.

The court may also decide more favorably on your behalf if you keep friendly communication with your spouse as it shows your willingness to cooperate and negotiate on the specifics of your divorce.

Request a Vocational Evaluation From the Court

If you have reason to believe that your spouse is remaining as a stay-at-home parent even if it is not strictly necessary, you may be able to request the court to conduct a vocational evaluation. A vocational evaluation carefully considers your spouse’s wage-earning capacity and whether they can reenter the workplace with ease after the divorce. 

There is still a chance that the court will require you to pay temporary alimony until the divorce is finalized. While this may feel like a personal offense, especially if the divorce is contentious, it is important to remember that alimony payments are intended to help your spouse get back on their feet and allow themselves to be financially independent. Short-term alimony is a small price to pay, especially if your spouse gave up or postponed career opportunities to help establish your family or advance your career.

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Submit Proof That Your Spouse Does Not Require Spousal Maintenance

There are cases in which an ex-spouse would only use obtaining spousal maintenance payments to get back to their ex meaning they don’t require the money to maintain their standard of living. Perhaps your spouse has access to a large inheritance or savings account, or perhaps a trust fund with a large stock portfolio. If this is the case, you may be able to seek legal assistance to declare your and your spouse’s complete financial statements and remove any doubt that your spouse can manage even without spousal maintenance.

Reduce Your Spending Where Possible

Given that getting a divorce can be a financially intensive process, it’s likely that you have already made a lot of lifestyle changes to accommodate that cost. It may be a good idea to evaluate your expenses, making sure to live within your means. If your spouse petitions the court for alimony, your monthly expenses and income will be among the factors considered by the judge in determining whether to award spousal support or maintenance.

Another important factor to consider is to never waste marital assets while in the process of finalizing your divorce. While you may feel like it is within your right to spend your marital funds as a result of the divorce, financially irresponsible acts can count as a demerit against you when the court is evaluating whether to award alimony to your spouse.

File Your Divorce Sooner Rather Than Later

It can be ridiculous to think of divorce as the solution to a disagreement, compared to working things through. However, dragging your feet in filing a divorce can cause you more heartache and a longer duration of alimony payments, given that the length of a marriage is a factor in determining the duration of alimony. If you feel that your marriage is not going to last, it may be best to file for a divorce as soon as you can.

Stay Informed About Your Spouse’s Relationships

You will no longer be required to pay spousal maintenance if your ex-spouse has remarried. If your spouse has begun cohabitating with a new partner, you may be able to stop paying as well. You should get the advice of your New York divorce attorney to determine whether you are required to continue paying spousal maintenance after your ex-spouse has begun living together with a new partner.

File a Fault Divorce

New York laws allow the filing of fault divorces, meaning a spousal act was the reason for the breakdown of the marriage. If you are a victim of spousal abuse or if your spouse was adulterous, you can file a fault divorce to lessen the chances of them being awarded alimony. You will need to provide proof of the wrongdoing to support your claim. The judge will also be the one to decide whether the fault-based grounds for the divorce have merit. 

Working with an experienced New York contested divorce attorney who can protect your best interests and help you understand your rights under the law is essential. New York contested divorce attorney Richard Shum may be able to walk you through the process of filing a fault-based divorce. Our attorneys at the Law Office of Richard Roman Shum provide quality legal counsel and aggressive representation in the interest of protecting our clients’ rights. Call us today at (646) 259-3416 to schedule a free consultation.

Method to Avoid Paying Alimony	Description
Prenuptial or Postnuptial Agreement	Establishing legal agreements before or after marriage to define asset ownership and exclude alimony payments.
Giving Spouse Assets Instead	Negotiating with your spouse to provide a larger share of marital assets, income-generating assets, or retirement funds as an alternative to alimony.
Requesting Vocational Evaluation	Requesting a court-conducted evaluation of your spouse’s wage-earning capacity to determine their ability to reenter the workforce after the divorce.
Submitting Proof of No Financial Need	Seeking legal assistance to declare complete financial statements, proving that your spouse doesn’t require spousal maintenance for their standard of living.
Reducing Personal Spending	Evaluating expenses and living within your means, considering that your expenses and income may be factors considered by the court in determining alimony.
Filing for Divorce Sooner	Initiating divorce proceedings promptly to potentially minimize the duration of alimony payments based on the length of the marriage.
Staying Informed About Spouse’s Status	Monitoring your ex-spouse’s remarriage or cohabitation with a new partner, which may impact the requirement for spousal maintenance.
Filing a Fault Divorce	Pursuing a fault divorce by providing evidence of spousal abuse or adultery to reduce the chances of your spouse being awarded alimony.

Move Out Of State To Avoid Alimony

Relocating out of New York following a divorce can potentially impact alimony arrangements. Whether you are the recipient of alimony payments or the one making such payments to your former spouse, relocating to another state may be regarded as a significant change in circumstances. As a result, this change could result in an alteration of the alimony amount.

However, the result is heavily influenced by the details specified in your Marital Settlement Agreement (MSA). If you have intentions to move out of state post-divorce, it is recommended to incorporate details about your intended relocation within your MSA. Taking this proactive measure can facilitate a smoother transition.

If you are considering relocating to another state after a divorce, it is prudent to proactively amend your divorce arrangements to address potential changes. This enables you to make informed choices regarding your financial situation, tailored to your unique circumstances. This highlights the importance of consulting with an attorney before making any significant adjustments to your post-divorce arrangements.

Considering a move out of state to avoid alimony can have significant legal implications, and it’s crucial to navigate this complex matter with the guidance of a seasoned New York spousal support attorney. At the Law Office of Richard Roman Shum, our experienced lawyers understand the nuances of alimony laws in New York and can provide strategic guidance to help you make informed decisions about your case. Contact us to schedule a consultation and gain insight into your alimony concerns.

Can a Working Wife Get Alimony?

In New York, a working wife may be eligible for alimony if the court determines that she requires financial support. Alimony, also known as spousal support, is provided to assist a spouse in getting back on their feet after a divorce. The amount and duration of alimony payments are determined based on several factors, including the financial capacity of each spouse, the length of the marriage, and the needs of the recipient spouse. In New York, there are three types of alimony: temporary spousal support, post-divorce alimony, and permanent or “non-durational” alimony.

Temporary alimony is granted during the divorce proceedings and is calculated based on the income of both parties and other considerations, such as child support obligations. Post-divorce alimony can be either durational or non-durational and is awarded for a fixed period based on the duration of the marriage and other factors, including the age and health of each spouse, their earning potential, child support payments, and the contributions made by the recipient spouse to the payer’s career.

Permanent alimony may be granted when one spouse has been unable to build a professional career due to their responsibilities in caring for the family, or if the other spouse earns a substantial income. It can also be granted under specific circumstances, such as when the recipient spouse is unable to support themselves due to age, medical conditions, or financial dependence. Permanent alimony terminates if either spouse passes away, the recipient spouse remarries, or if there are significant changes in the circumstances or standard of living of either spouse.

How Do I Modify an Alimony Order or Stop Paying if I Have Already Been Ordered by the Court?

The main purpose of alimony and spousal maintenance is to help your spouse get back on their feet after a divorce. In most cases, awarding alimony is not meant to be a punishment to the payor spouse. You have the right to petition the court to modify the spousal support originally awarded to your spouse if:

• You experience financial hardship as a result of a lifestyle change
  • You retire
  • You lose your job or make less money than you did before the divorce was finalized
• Your spouse has gotten a job and become financially independent 
• Your spouse remarries
• You contract an illness or sustain a disability that keeps you from working

These grounds may be useful, especially if the court has awarded permanent alimony to your spouse. However, if your financial hardship is self-induced, meaning you quit your job and became unemployed just to avoid paying alimony, the court may disregard your petition and order you to continue paying the same amount of spousal support or maintenance. 

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Get the Help of an Experienced New York Spousal Support Attorney

Stopping the payment of alimony out of the blue can have enormous legal repercussions. Without a valid reason and without following the appropriate legal processes to modify your spousal support order, the court can order your wages to be garnished and use it to pay your outstanding payments. Any tax refund you receive may also be seized to pay for spousal support. In the worst-case scenario, a judge can hold you in contempt of court and sentence you to jail.

Richard Shum, a top-rated New York spousal support attorney, may be able to help you petition a modification of your spousal support order. At the Law Office of Richard Roman Shum, we understand the importance of being able to start anew after a divorce. This can be challenging if you are experiencing a financial strain in the form of having to pay spousal support.

Our skilled attorneys can help determine the legal options available for you to avoid paying a large amount of money for alimony or avoid paying it entirely. To schedule a complimentary consultation with one of our experienced New York spousal support attorneys, contact us today at (646) 259-3416.

from Law Office of Richard Roman Shum, Esq. https://www.romanshum.com/blog/how-to-avoid-paying-alimony-in-new-york/

What is Spousal Support?

A marriage is a financial relationship as much as it is an emotional one. Spouses are expected to support each other financially while they are together. When a couple goes through a divorce, this relationship is also severed. When one spouse in a divorce is at a financial disadvantage, spousal support can be a way to allow them to get back on their feet with the help of their ex-spouse.

As is often the case in a divorce, deciding on matters such as whether to request spousal support or when one avoids alimony can become contentious when emotions are running high. Getting the help of a New York attorney who can protect your best interests is crucial. At the Law Office of Richard Roman Shum, experienced New York spousal support attorney Richard Shum has dedicated his practice to providing individuals with skilled legal advice in navigating divorce. Call us today at (646) 259-3416 to schedule a free consultation.

The Purpose of Spousal Support

Spousal support or alimony is financial assistance one spouse pays to the other even after their marriage is terminated. It is meant to tide over any difficulties a financially dependent spouse may encounter while transitioning from a two-income to a one-income household. 

Spousal support has little to do with gender roles and everything to do with each spouse’s financial security after the divorce. Spousal support is also seen as a way to help spouses who worked in the home or postponed their careers to look after their family to look for a job that can support their existing standard of living.

As a no-fault divorce state, it is not necessary for a divorce to have fault-based grounds before a spouse can be awarded spousal support.

New York spousal support attorney

Alimony vs Spousal Support

In the state of New York, the terms “alimony” and “spousal support” may seem to be different, but they actually refer to the same concept. They represent the financial assistance that a more financially stable spouse provides to the other during or after a divorce.

Traditionally, “alimony” was the term used in discussing post-divorce payments, while “spousal support” referred to payments made during the separation or divorce proceedings. However, in modern legal language, these terms are interchangeable.

Alimony or spousal support is not automatically granted in New York divorces. The court considers various factors such as the length of the marriage, the earning capacity of each spouse, the standard of living during the marriage, and the needs of the receiving spouse. The goal is to mitigate any unfair economic impacts caused by a divorce, allowing a lower-earning spouse to maintain a lifestyle similar to what they experienced during the marriage.

It’s essential to understand that alimony or spousal support can be modified or terminated based on circumstances like the remarriage of the receiving spouse, a significant change in the financial situation of either party, or other conditions as defined by New York state law.

The complexities surrounding alimony and spousal support underscore the importance of seeking legal counsel when dealing with divorce proceedings. An experienced spousal support attorney can provide necessary guidance and advice on these critical matters.

How is Spousal Support Calculated?

The calculation of spousal support in New York courts differs based on the presence or absence of child support. If the non-custodial parent is responsible for both child and spousal support, the payment amount is determined by deducting 25% of the payee’s income from 20% of the payor’s income. For example, if the payor earns $100,000 per year and the payee earns $50,000 per year, the spousal support would be $7,500 per year or $625 per month.

On the other hand, if child support is not involved or the custodial parent is providing spousal support, the payment amount is calculated by subtracting 20% of the payee’s income from 30% of the payor’s income. In the previous example, the spousal support would be $20,000 per year.

There are restrictions on spousal support amounts based on the couple’s combined income. The calculation involves subtracting the payee’s income from 40% of the couple’s joint income. If the result is less than the spousal support calculated earlier, the payee will receive the lower amount. In the previous example, the maximum spousal support would be $10,000 per year (or $833.33 monthly payments) when child support is not involved.

In New York, spousal support must be calculated before determining child support payments to ensure that parents’ incomes accurately represent their monthly financial resources. If spousal support obligations reduce an individual’s income below the annual “self-support reserve” amount (which was $18,347 in 2022), payment amounts may be lowered accordingly. If the payor’s income exceeds the “income cap” (which was $203,000 in 2022), spousal support calculations only apply to income up to that limit. Judges have discretion over spousal support calculations for income exceeding the cap.

How is Spousal Support Awarded?

In New York, a couple who is divorcing may negotiate whether and how much spousal support is necessary. If they cannot reach an agreement, either spouse may file a spousal support petition in Family Court and seek the court’s intervention in deciding the matter of spousal support.

When seeking a divorce, each couple’s financial records are submitted to the court. This information will be used in determining how much spousal support can be given. Spousal support payments can be a significant financial concern for the payor spouse. While no one gets into a marriage expecting a divorce, it is reasonable to speak about it with your spouse in advance or create legal safeguards that can protect you and your spouse from future issues.

Spousal support can be awarded before the divorce is finalized and is usually given by the higher-earning spouse to the other. Temporary spousal support ends once the court has decided upon terms of spousal maintenance, usually when the divorce proceedings conclude.

Spousal support payments are different from child support. You can receive alimony even if you do not have a child with your ex-spouse, but the amount you will receive from your spouse if they are also paying for child support may be less.

The court uses baseline guidelines on how much spousal support, or maintenance, must be awarded but will factor in considerations such as the following:

• Each spouse’s income
• Any assets or property they own or received during the divorce
• Each spouse’s health and age
• Each spouse’s contributions to their household 
• Any parental obligations that caused a spouse to postpone their career
• Each spouse’s wage-earning capacity – any current or prior experience, academic achievements, etc.
• How long a couple has been married

In cases of high-net-worth individuals, the court may order a deviation in the spousal support computation. Prenuptial and postnuptial agreements will also be honored if a couple has previously discussed and agreed upon the subject of spousal support.

Spousal maintenance refers to post-divorce financial support a financially disadvantaged individual will receive from their ex-spouse. It can either be durational or non-durational. 

• Non-durational alimony effectively lasts until the receiving spouse gets remarried, or either spouse passes away. 
• Durational alimony lasts for a fixed amount of time depending on how long the couple has been married but may be terminated once the receiving spouse gets remarried or either spouse passes away.

Considerations for Spousal Support	Description
Each spouse’s income	The court considers the income of both spouses to determine how much support should be awarded.
Assets or property	Any assets or property owned or received during the divorce are also considered in the computation of spousal support.
Health and age	The health and age of each spouse are factors in deciding spousal support.
Contributions to household	Contributions of each spouse to their household, including parenting obligations, are considered.
Wage-earning capacity	The current or prior work experience, academic achievements, and wage-earning capacity of each spouse are taken into account.
Length of marriage	The duration of the marriage is a significant factor in determining spousal support.
Prenuptial and postnuptial agreements	Spousal support agreements made through prenuptial or postnuptial agreements are honored if previously discussed and agreed upon.
Durational and Non-durational alimony	Spousal maintenance can either be durational or non-durational, depending on the length of marriage and the receiving spouse’s ability to support themselves.

Non-durational alimony is often given in cases where the spouses have been married for a long time and one of the spouses has not established a career due to taking care of the family or supporting the other spouse’s career. Awarding of non-durational alimony depends on whether the financially dependent spouse still has the capacity to earn a wage and build a career to support themselves.

It is crucial to follow a spousal support order once it is given by the court. While it is understandable that the payor spouse may have some qualms about providing for their ex-spouse, especially if the divorce has been difficult, purposefully ignoring a spousal support order or engaging in fraudulent behavior to avoid paying spousal support can result in dire legal consequences. 

Before you make any decisions about alimony, it is important to consult with an experienced New York spousal support attorney who can walk you through the processes involved. An attorney can represent your interests in alimony negotiations and also help you enforce a spousal support order, if necessary.

At the Law Office of Richard Roman Shum, we understand the financial impact of divorce and offer quality legal counsel and representation to individuals going through this difficult time. We provide assistance in filing spousal support petitions, whether temporary or post-divorce and can also help in seeking spousal support order modifications. Our skilled New York spousal attorneys are ready to assist. Contact us today at (646) 259-3416 to schedule a free consultation or fill out our online form.

from Law Office of Richard Roman Shum, Esq. https://www.romanshum.com/blog/what-is-spousal-support/