How Long Do I Have To Pay Spousal Support in New York?
Spousal support can be a sore subject for most separating or divorced couples. Divorce is never easy, regardless of whether you initiated it or your spouse or even if you know it’s the best thing. Most people do not want to continue to be tied to their ex-spouse by making payments and even less by losing income to the person. When you talk with our New York City divorce attorney from the Law Offices of Vivien F Stark, we can help you better understand how long you may expect to make spousal support payments in your divorce.
Type of Spousal Support
The judge may order two kinds of spousal support in New York based on your situation. Some contributing factors to what kind of support is ordered may include how assets are divided, each spouse’s ability to support themselves, education, or income, which makes the details difficult to determine until they are laid out. The type of support you are paying is the first factor that affects how long you may be paying it.
Temporary Spousal Support
Temporary spousal support is generally required during divorce proceedings. It may be ordered due to significant income differences between parties, whether that be a difference in income or because one spouse provides domestic labor in support of the family. A temporary spousal support order will stop when the final order is made but may be replaced by a post-divorce support order.
Post-Divorce Support
Post-divorce maintenance is something the judge will decide in the final order. If each spouse is relatively equal in their ability to support themselves, this may not be ordered at all. However, post-divorce support offers the most variability in how long payments will last when they are ordered. This is mainly because, at this stage, it is largely based on how long the marriage was. This means that payments will generally last longer for a 25 year marriage than for a ten year marriage.
Modifications
While the initial court order will provide a set time for making spousal support payments, these orders can be modified in some situations. Some of the reasons a person may seek a change in a support order are a significant income change, generally 15% or more, or sometimes custody of a child may dramatically affect the life situation enough to justify a modification.
Suppose you have an order for spousal support that is currently in place and make payments through the payment collection unit. In that case, the case will be automatically reviewed every three years to determine if there are grounds for a modification. If you feel there are grounds to modify it outside of that time frame, you can make a request to the office, and they can assist you in beginning the process for a new order. You may also contact a licensed attorney familiar with divorce and support orders, as they can help you file for a review. Support from an attorney may also help you achieve a more favorable outcome from the modification.