A marriage is as much a financial relationship 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 severed. If one spouse is at a financial disadvantage after the divorce, spousal support can help them get back on their feet with assistance from their ex-spouse.
As is often the case in a divorce, decisions about matters such as whether to request spousal support or how to avoid 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, Esq, our experienced Manhattan spousal support attorney Richard Shum has dedicated his practice to providing individuals with skilled legal advice in divorce cases. Call us today at (646) 259-3416 to schedule a 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.
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.
What Qualifies a Spouse for Alimony?
In New York, determining alimony eligibility involves several factors. Understanding these elements is crucial for both spouses involved in the process.
- Length of the Marriage: The duration of the marriage significantly influences alimony decisions. Longer marriages often involve more intertwined finances and dependencies, increasing the likelihood of alimony being awarded.
- Income and Earning Potential: Courts evaluate the income and earning capacity of both spouses. This includes current earnings, education, job skills, and work history. A substantial income disparity may lead to an alimony award to help the lower-earning spouse achieve financial stability.
- Financial Needs and Responsibilities: The spouse seeking alimony must demonstrate their financial needs, including monthly expenses, debts, and obligations like childcare. The aim is to ensure the receiving spouse can maintain a reasonable standard of living after divorce.
- Age and Health of the Spouses: Age and health are critical factors in alimony eligibility. Older spouses or those with health challenges may have difficulty securing stable employment, which courts may consider when determining the duration and necessity of alimony.
- Standard of Living During the Marriage: Courts consider the lifestyle maintained during the marriage. Alimony seeks to provide the receiving spouse with the ability to sustain a similar standard of living post-divorce, especially when one spouse was the primary earner.
- Contributions to the Marriage: Both financial and non-financial contributions are considered. Homemaking, childcare, and supporting a spouse’s career are all significant factors in alimony decisions, reflecting the partnership’s shared efforts during the marriage.
Understanding these factors is crucial for spouses involved in a divorce, as they outline the foundation upon which alimony decisions are made. Having skilled legal guidance can help address alimony matters effectively, ensuring that all relevant factors are thoroughly considered, increasing the likelihood of a fair and equitable result.
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.
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/
