Syracuse Spousal Support Attorneys
Let a Post-Divorce Maintenance Lawyer Fight for You
Spousal support is intended to help the supported spouse maintain the same or similar lifestyle as they did while they were married or grant the supported spouse time to become self-sufficient. In many states, spousal support is known as “alimony”; however, in New York, it is labeled “maintenance.”
What Is Post-Divorce Maintenance?
There are two different types of maintenance in New York. First, temporary maintenance (or pendente lite) is granted to supported spouses for immediate financial need while the divorce case is in process. Second, post-divorce maintenance is granted to the supported spouse after the divorce is finalized. This type of divorce can only be terminated by death of either spouse, remarriage of supported spouse or if the supported spouse is living with someone else.
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How Is Spousal Support Calculated?
For post-divorce maintenance, there is no fixed formula used to determine maintenance in New York. Typically, judges will consider a variety of factors to decide the amount and extent of spousal support.
Such factors include but are not limited to:
- Present and future income
- Age and health
- Length of marriage
- Tax consequences
- Unfair property transfers
- Ability of supported spouse to become self-sufficient
- Existence of a pre-marital joint household
- Status of children and child-related costs
Divorces, and by extension maintenance, can be complex issues that will likely require legal mediation. My firm offers aggressive advocacy that is backed by compassion and understanding. I may be able to help you navigate your difficult divorce and move on to a brighter future.
How Much is Alimony in New York?
The amount of alimony determined in NY divorce cases is dependent upon whether or not temporary or post-divorce maintenance was awarded.
Temporary alimony: New York laws under N.Y. Dom. Rel. Law § 236(5) provide a general formula for temporary alimony to keep it consistent in most cases. It is based on each spouse's income and if the spouse paying alimony is also responsible for paying child support.
Post-divorce alimony: There is no fixed calculator for this type of maintenance, per N.Y. Dom. Rel. Law § 236(6)(e), and the judge has the discretion to award as much as they feel would be appropriate based on the factors mentioned above.
How Long Does Spousal Support Last in Syracuse, NY?
In New York, spousal support lasts until the marriage dissolution proceeding ends. The amount of support is based on a formula that considers both parties' income and the length of the marriage.
The length of support depends on the length of the marriage:
- 15-30% of the length of the marriage for marriages lasting 0 to 15 years
- 30-40% of the length of the marriage for marriages lasting more than 15 years to 20 years
- 35-50% of the length of the marriage for marriages lasting more than 20 years
The payments also end if the recipient's former spouse remarries or either spouse dies.
How to Avoid Paying Alimony in NY
Common ways to avoid paying alimony include:
- Signing a pre or post-nuptial agreement.
- Bargaining assets with your spouse instead of payments.
- Proving there is no need for spousal support.
- Filing for a fault-based divorce.
It is important to note that alimony is not automatic in New York. The court will only award alimony if it finds that it is necessary to do so to provide for the reasonable needs of the spouse seeking alimony. If you can show the court that you do not need alimony, you can avoid paying it.
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Put Two Decades of Legal Experience on Your Side
If you are interested in pursuing spousal support in NY before or after your divorce or are in need of immediate mediation, get in touch with Haddad Law Office, P.C. today for a confidential consultation. I maintain an exclusive focus on all family law matters, and I want to help protect both you and your family.