Can I Get Spousal Support in a Same-Sex Divorce?
Divorce can be challenging, and navigating the nuances of spousal support, or alimony, can add complexity. Same-sex couples often question whether they are entitled to spousal support and how the courts approach such cases. A New York City same-sex divorce attorney from the Law Office of Vivien I. Stark, P.C., can help you understand New York’s process and criteria for same-sex spousal support to better advocate for your rights.
Legal Equality in New York
Since 2011, New York has recognized same-sex marriage and extended the same legal protections to same-sex couples as to opposite-sex couples. Following the 2015 Supreme Court ruling in Obergefell v. Hodges, same-sex marriages are now legally recognized nationwide.
This means same-sex couples in New York have equal rights and obligations in marriage and divorce, including the right to request spousal support under the same criteria as opposite-sex couples.
Spousal Support Under New York Law
Spousal support is financial assistance that the court may order one spouse to pay to the other during or after a divorce. Under DRL 236(B)5-a, New York courts calculate support based on factors such as:
- Length of the marriage
- Each spouse’s income and assets
- Age, health, and earning capacity
- Standard of living
- Contributions to the marriage, including homemaking and child-rearing
- Acts of domestic violence and marital misconduct
How New York Calculates Spousal Support
New York law applies a statutory formula to determine the amount of temporary and post-divorce maintenance.
If child support is not paid, or the payor is the custodial parent, the court will:
- Subtract 20% of the payee’s income from 30% of the payor’s income
- Multiply both incomes by 40%, then subtract the payee’s income
- Choose the lower amount from the two results
If child support is being paid, and the payor is the non-custodial parent, the court will:
- Subtract 25% of the payee’s income from 20% of the payor’s income
- Multiply both incomes by 40%, then subtract the payee’s income
- Choose the lower amount from the two results
The length of the marriage determines how long the payor is responsible for paying support:
- For marriages lasting up to 15 years, support will generally be paid for 15-30% of the marriage’s length.
- For marriages lasting between 15 and 20 years, support will usually be paid for 30-40% of the marriage’s duration.
- For marriages lasting over 20 years, support payments are typically made for 35-50% of the marriage’s length.
While the formula provides a baseline, judges have broad discretion to modify spousal support if circumstances warrant it.
Unique Challenges for Same-Sex Couples
Even though the legal rules are the same for everyone, same-sex couples can face specific difficulties when it comes to spousal support after a divorce. These include:
- Length of the relationship prior to the legalization of same-sex marriage
- Proof of contributions in non-traditional gender roles
- Public perception and bias
Seek Legal Guidance from the Law Office of Vivien I. Stark, P.C.
Spousal support provides financial fairness during and after a divorce, and same-sex couples are entitled to the same legal protections as opposite-sex couples. By working with our knowledgeable same-sex divorce attorneys, you can confidently navigate the unique considerations to secure a fair outcome. If you have questions about spousal support or other aspects of your divorce, contact us to schedule a consultation.