Nassau County Spousal Support Lawyer

Spousal Support for Married Couples in New York

Spousal support is financial support for spouses currently married. Under the Family Court Act, married spouses have the obligation to financially support each other. Spouses are not required to be separated to be awarded spousal support; support awarded to divorcing spouses is referred to as spousal maintenance (below). Note that the court does not set time limits on spousal support awards, though the support obligation will end after the couple divorces. At this point, the court may decide whether to grant spousal maintenance. 

The general process for obtaining spousal support is as follows:

1. A spouse files a spousal support petition in Family Court. 
2. The other spouse is "served" a summons, the petition, and the financial disclosure form. 
3. The court will request copies of both spouses’ financial information, such as their most recent tax returns, pay stubs, and a completed Financial Disclosure Affidavit. 
4. The court will hear both spouses and decide how much support one spouse should pay the other.

Spousal Maintenance for Divorced Couples

As mentioned above, spousal support is for married couples, while spousal maintenance is for divorced spouses. Spousal maintenance, or alimony, is typically ordered for a set time period to help one spouse regain their footing after a divorce, though in some cases alimony can last for life.

To determine the duration and amount of spousal maintenance, the court will consider:

• the length of the marriage;
• both parties’ age and health;
• each spouse’s income and property, including their share of the marital property;
• whether a spouse needs to pay for training or education to re-enter the workforce;
• the ability of the supported party to eventually become self-supporting (and how much time and training this will require);
• whether a spouse will have trouble obtaining work due to age or absence from the workforce;
• whether one spouse might have inhibited or discouraged the other from getting a job;
• both spouses’ present and future earning capacities;
• whether there was a joint household before marriage or separate households before divorce;
• whether the supported spouse has reduced or lost earning capacity due to delaying or turning down education, training, employment, or career opportunities during the marriage;
• whether a spouse's earning capacity is inhibited by caring for the children, stepchildren, adult children with disabilities, or elderly parents or in-laws;
• with whom the children will live;
• exceptional or additional expenses for the children;
• the loss, availability, and cost of health insurance;
• the tax consequences for each spouse (spousal maintenance is considered income);
• the equitable distribution of marital property;
• the contributions and services of the supported party as a spouse, parent, wage earner, homemaker, and to the career potential of the other spouse; 
• any transfer made without fair consideration for the other spouse;
• the wasteful squandering of marital property by either spouse;
• spousal support mandatory payor income is $203,000;
• any other factor the court finds just and proper to consider.

If you are dealing with a spousal support dispute in Nassau County, do not hesitate to reach out to Kirshblum Taber PC for legal assistance. As a retired judge with decades of experience on the bench, our spousal support lawyer is more than prepared to help you fight for a fair agreement.

How Long Does Alimony Last in New York?

There are two main types of spousal maintenance awarded in New York: durational and non-durational alimony.

Durational alimony is awarded for a set amount of time depending on the length of the marriage, with the following guidelines:

• For a marriage that lasts 0-15 years, alimony should be 15-30% of the length of the marriage;
• A marriage that lasts 16-20 years should merit an alimony award of 30-40% of the length of the marriage; and
• A marriage of over 20 years should be awarded spousal maintenance for 35-50% of the length of the marriage.

Non-durational alimony is permanent and only ends when the former spouse passes away, or, the recipient spouse remarries or habitually lives with a new partner as they would a spouse.

Schedule an initial consultation with Kirshblum Taber PC to learn more. Call us at (516) 908-8842.