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Spousal Support Lawyer in Long Island

Protecting Your Rights During Divorce

Not all 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 particular case.

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 separate household;
  • (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 party; and
  • (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.

Tax Deductions

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 posnuptial or prenuptial agreement, we can also help enforce the agreement.

Call us for an evaluation at (631) 777-7200.

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