As a divorce attorney and psychologically-trained mediator for over 35 years, the question of spousal support comes up often in connection with a divorce. Does someone need, and are they entitled to, spousal support (formerly "alimony") for a period of time.
Spousal support can be an important part of any divorce or legal separation. In a contested divorce or an uncontested divorce, this issue will need to be addressed if one party earns more than the other. You will need a divorce attorney/mediator who will be able to use experience, persistence, and dedication in order to successfully represent you and get you the spousal support to which you are entitled.
When two people get married, they establish a way of living. When a couple divorces after creating a certain lifestyle, the law seeks to help the dependent spouse maintain his way of living through spousal support. Spousal support should provide sufficient income for the dependent spouse to live within the established marital means to which they have become accustomed until the dependent spouse is able to support him or herself.
The factors considered for spousal support include:
1. Income and property of the couple
2. Length of the marriage
3. Age and health of both parties
4. Earning capacity of the couple
5. Presence of children of the marriage
6. Assets and debts of the parties
7. Any special needs of the parties
8. The opportunity of the parties to acquire future income or assets;
9. Distribution of marital property
10. The wasteful dissipation of assets and other statutory considerations.
New York State now has guidelines used by judges and lawyers to help determine the amount and length of spousal support.
Sometimes a couple will agree that instead of paying or receiving support, there will be a lump sum property settlement, which has different tax implications. These days “alimony” is meant to be rehabilitative in nature.
The issue of support can be an emotional one, which calls for some flexibility in the characterization of money transfers.
If you are divorcing or separating, you need to know the possibilities. Let me help you get the spousal support you deserve!
I will guide you using my many years of experience as a divorce attorney and mediator to get you the best results!
During the ongoing COVID-19 pandemic all our FREE 1 HOUR CONSULTATIONS
are conveniently
conducted virtually to reduce risk.
I look forward to helping you obtain spousal support.
Stay healthy and safe!
Warm regards,
Lois
For all your spousal support needs call New York Divorce Lawyer Lois Brenner and schedule your FREE consultation. Call 212.734.1551.