Spousal Support Lawyer in Long Island
Protecting Your Rights During Divorce
divorce settlements include maintenance, which is otherwise known as spousal support
or alimony. If support is not requested by one of the spouses, then it
will not be an issue that needs to be resolved in a settlement agreement.
In cases where spousal support is needed or where it has been ordered
by the court but not paid to the spouse to whom it is due, it is vital
to seek reliable legal assistance to handle the matter.
If you have a spousal support issue in New York, we strongly advise you
to consult with a
Long Island divorce attorney at the Rubenfeld Law Firm about the specifics of your particular situation.
Our law firm has been providing experienced and trusted legal assistance
in the field of divorce and family law to families throughout the area
for decades. When you retain the services of an attorney at our firm,
you can be confident that your legal matter is in the hands of capable
professionals who have effectively and successfully helped thousands of
family law clients.
Spousal Support in the State of New York
In the past, the amount of Spousal Support has been one of the most difficult
issues for the parties' to address in divorce. For this reason, major
changes have recently been enacted to Spousal Support Laws in the State
of New York. For all divorce actions commenced on or after January 25,
2016, the amount of Spousal Support will be determined using a mathematical
formula approach. There are two different sets of formulas depending on
whether the pay or spouse will also have to pay child support. Also, the
duration of spousal support will be based on the length of the parties'
marriage. These new laws which establish guidelines for determining the
amount and duration of Spousal Support will make it easier for the parties'
to determine the appropriate amount of Spousal Support to be paid in a
The following 15 factors may also be considered in determining the amount
and duration of spousal support:
- (A) The age and health of the parties;
- (B) the present of future earning capacity of the parties, including a
history of limited participation in the workforce;
- (C) the need of one party to incur education or training expenses;
- (D) the termination of a child support awarded before the termination of
the spousal support when the calculation of support was based upon child
support being awarded. This resulted in a support award lower than it
would have been had the child support not been awarded:
(E) the wasteful dissipation of
marital property, including transfers or encumbrances made in contemplation of a matrimonial
action without fair consideration;
- (F) the existence and duration of a pre-marital joint household or pre-divorce
- (G) acts by one party against another that have inhibited or continue to
inhibit a party's earning capacity or ability to obtain meaningful employment.
Such acts include but are not limited to acts of domestic violence as
provided in section four hundred fifty-nine-a of the social services law;
- (H) the availability and cost of medical insurance for the parties;
- (I) the care of children or stepchildren, disabled adult children or stepchildren,
elderly parents or in-laws provided during the marriage that inhibits
a party's earning capacity:
- (J) the tax consequences to each party;
- (K) the standard of living of the parties established during the marriage;
- (L) the reduced or lost earning capacity of the payee as a result of having
forgone or delayed education, training, employment or career opportunities
during the marriage;
- (M) the equitable distribution of marital property and the income or imputed
income on the asserts so distributed;
- (N) the contributions and services of the payee as a spouse, parent, wage
earner and homemaker and to the career or career potential of the other
- (O) any other factor which the court shall expressly find to be just and proper.
In determining the duration of spousal support, the Court shall take into
consideration the anticipated retirement assets and the retirement eligibility
of both parties if ascertainable at the time of the decision. Generally, the payment of spousal support is tax-deductible to the payor-spouse
and included in the income of the spouse receiving spousal support unless
the parties agree to make the spousal support non tax-deductible.
It is important to be aware that
Temporary maintenance and counsel fees for the spouse with less money may also be awarded at
any time during the divorce action. Based upon several factors, including
the difference in the income of the parties, this award may be ordered
to assure that each party has adequate representation. The court might
also consider which party should pay
child support, as well as the mortgage, utilities and other carrying charges.
As of December 31, 2018 spousal support will no longer be seen as a deductible
for the paying spouse when filing taxes. Any agreements and/or modifications
made before this date will be upheld after January 1st, 2019. However,
any modifications or taxes filed after the first of 2019 will be subject
to the new tax law stating that you may no longer claim spousal support
when it comes to filing your taxes. With this in mind it is important
to begin your process before the 2019 deadline, if you are looking to
enact any modifications concerning the support of your spouse it is important
that you contact us today.
Consult with a Long Island Divorce Lawyer
Spousal supportis an issue that requires competent and skilled legal representation from a
Long Island family law attorney. When you work with a lawyer from our firm, whether as the party seeking
support or the party who will be providing the financial support, you
can count on us to provide aggressive and vigorous representation of your
rights and interests. If your divorce involves a
prenuptial agreement, we can also help
enforce the agreement.
Call us for an evaluation at (631) 777-7200.