Manhattan Alimony and Maintenance Lawyers
A divorce is the legal end to a marriage. During a divorce, many issues arise such as property division and child custody. Another important divorce issue is spousal support. Spousal support, also called maintenance or alimony, is the monthly payment an ex-spouse sends to their former spouse. Whether a spouse in Manhattan receives supposal support is outlined in New York’s Domestic Relation’s Law 236.
Types of Supposal Support in Manhattan
A spouse can receive temporary or permanent supposal support. Temporary supposal support is ordered during the divorce proceedings. It ends when the divorce proceedings end. Permanent spousal support is awarded after the divorce proceedings end. A person must pay their ex-spouse monthly payments until the ex-spouse dies or remarries.
How is Supposal Support Award in Manhattan?
Supposal support is awarded based several factors outlined in DRL 236. The amount of money must be fair to both parties according to:
• The standard of living the spouses had during their marriage
• Whether one spouse does not have enough assets, income and property to provide for their ex-spouse’s reasonable needs. This means one spouse cannot afford to pay spousal support.
• Whether the other spouse has enough income, assets and property to provide for the ex-spouse’s reasonable needs. This refers to the other spouse having enough money to afford spousal support.
The Factors involved in Calculating Spousal Support in Manhattan
Not every spouse will receive spousal support. Also, not every spouse award spousal support will receive the same amount. A judge calculates supposal support depending on about 20 factors. These factors include the length or the marriage, property and income, age of the spouses and:
• Any current and future earning capacity of both parties
• if a spouse needs additional education or training expenses to become independent. Sometimes spousal support can be awarded on a limited basis. It is typically the amount of time it takes for the spouse to obtain the needed skills to return to the workforce.
• Equitable distribution of property
• Any exceptional additional expenses related to things like children, medical treatment or daycare
• Tax consequences to each spouse
• The time the couple lived together before marriage or after the separation. A judge may view the length of marriage differently based on if the spouses lived together before marriage or after they decided to get a divorce.
• The ability of the spouse without enough income to become self-supported
• Any actions that inhibited or continues to stop a spouse’s earning capacity or obtain meaningful employment such as domestic violence
• Where the children born into the marriage currently reside. If the children will live with the spouse receive supposal support, they may be restricted to staying in Manhattan when they can find work elsewhere.
• The need to care for any other family members other than child. A spouse taking care of a disabled family member may have their earning capacity severely decreased.
• Any loss of health insurance because of the divorce
A judge can also consider any other factors they consider relevant to the supposal support case.
Contact a Manhattan Spousal Support Attorney for Help with Your Case
Obtaining spousal support is a difficult task because there are so many factors a judge can consider. For instance, marital fault such as domestic violence or cheating may come into play when determining spousal support.
Whether you need spousal support or are fighting a motion for spousal support, you need legal representation. We are your tough legal team. Contact us immediately to begin discussing your case. We will explain spousal support factors in detail and how we will proceed with your case.