Spousal Support in NY: What’s the Cost?
At LawOfficeOfBrianKelly, we understand how confusing spousal support can be in New York. Many clients ask us, “How much will I have to pay or receive in spousal support?”. Different factors come into play, and each case is unique. Let us break it down for you so you can plan more effectively during your divorce.
As stated in the New York State Unified Court System, the amount of spousal support is calculated using a specific formula considering income and circumstances. The formula uses a percentage of the paying spouse’s income and subtracts 25% of the receiving spouse’s income. Exceptions and adjustments can apply based on other factors.
What is Spousal Support in NY?
In New York, spousal support, also known as maintenance, ensures financial stability for a spouse both during and after divorce, reflecting the state’s commitment to fairness.
To put it briefly, spousal support is meant to help keep the same quality of life both partners had during the marriage and to make sure both can live on their own.
The court can decide on spousal support or the partners can agree on it during their settlement. How much support is given and for how long can depend on things like how long the marriage lasted, each person’s income and assets, their age and health, and the needs of the person receiving the support.
In New York, there are two kinds of spousal support: temporary and post-divorce maintenance. If you think about it, temporary support is given during the divorce process to help the recipient spouse until everything is settled. Post-divorce maintenance starts after the divorce is final and can be either short-term to help the spouse become self-sufficient, or for a fixed period of time.
Spousal support can be changed or stopped if things change, like a big change in income or if the person getting support gets remarried. It’s important to talk to a lawyer to understand your rights and duties about spousal support in New York.
How Spousal Support is Calculated
Spousal support, or alimony, takes into account the marriage duration, each spouse’s earning potential, the marital standard of living, and individual needs.
In general, the longer a marriage lasts, the more likely one spouse will have to support the other financially. The court will look at what each person contributed to the marriage, both with money and other efforts.
How much each spouse can earn is important when deciding on spousal support. If one spouse makes much more money or has a greater potential to earn, they may have to help the lower-earning spouse. This support helps the lower-earning spouse maintain a lifestyle similar to that during the marriage.
To put it briefly, the lifestyle during the marriage is also important. The court wants to make sure both spouses can live in a way that is as close as possible to how they lived when they were married. This might mean one spouse paying the other regularly to cover living costs.
Lastly, the court considers each spouse’s needs, like age, health, and childcare duties when deciding support. The aim is to help both spouses be financially stable after the divorce, considering their personal situations.
Factors Influencing Spousal Support
Factors such as the length of the marriage, the earning capacity of each spouse, and the standard of living during the marriage significantly influence spousal support.
In general, one important factor is how long the marriage lasted – longer marriages usually lead to higher support payments. Another key point is the difference in income between the spouses; the one who earns more might have to support the one who earns less. The lifestyle during the marriage is also taken into account because spousal support aims to help the lower-earning spouse maintain a similar way of living after the divorce.
Other considerations include the age and health of each spouse. Older or less healthy spouses might need more financial help. To put it briefly, the ability of each spouse to earn a living is also important; a spouse who gave up job opportunities to take care of the family might get more support. Prenuptial agreements or other legal agreements between the spouses can also affect spousal support decisions.
Duration of Spousal Support Payments
The duration of spousal support payments can be influenced by the length of the marriage, where longer marriages typically lead to longer support durations.
At its simplest sometimes, spousal support is given for a short time to help the receiving spouse become financially stable. Other times, it can be long-term or permanent, especially if one spouse doesn’t earn much or gave up their career to support the other or take care of the family. Courts look at factors like the age and health of both spouses, their lifestyle during the marriage, and other relevant details to decide how long spousal support should last.
Come to think of it, it’s important for both spouses to share their financial details openly and work with their lawyers to agree on fair spousal support terms. If there are big changes in either spouse’s finances or personal situation, they can ask to change the support arrangement. The length of spousal support varies for each case, so getting legal advice to understand your rights and duties is very important.
How to Modify Spousal Support
A significant change in circumstances must be demonstrated to modify spousal support from the original order.
Basically, if you want to change your spousal support payments, several factors can come into play. These may include changes in income, job loss, disability, or new financial needs. You will need to provide proof of these changes.
Start by collecting relevant financial documents like pay stubs and tax returns, along with evidence of your changed situation. It’s a good idea to talk to a family law attorney to understand the legal steps and requirements for making this change.
Next, you will need to file a request with the court to change the support amount. In general terms, both you and your ex-partner will need to appear in court to explain your situations. The judge will review all the evidence before making a decision.
Keep in mind that changes to spousal support are not always granted. The court will decide based on the evidence you provide and each person’s unique circumstances.
To increase your chances of getting the support changed, it’s important to follow the legal steps carefully and submit strong proof of your changed circumstances. Having a knowledgeable attorney can make this process easier and improve your chances of success.
Summary
Spousal support in New York is determined based on a number of factors including income, length of marriage, and individual circumstances.
What LawOfficeOfBrianKelly is thinking you should consider is, the amount can vary greatly from case to case, but a rough estimate is typically calculated at 20-30% of the paying spouse’s income for marriages of less than 15 years, and may be higher for longer marriages.
References
- “New York Family Law: Selected Statutes and Commentary” by Sara P. Schechter, West Academic Publishing, 2021
- “Spousal Support and Maintenance: Understanding Alimony in Family Law” by Brette McWhorter Sember, Sphinx Publishing, 2004
- “New York Divorce Guide: Understanding the Basics of Divorce in NY” by Jane K. Pirani, CreateSpace Independent Publishing Platform, 2017
