Manhattan Spousal Support Attorney
If you or your spouse is seeking spousal support (maintenance) in your divorce, you need answers to vital questions such as:
- Who qualifies for spousal support in New York?
- How much are spousal support payments?
- What if I cannot afford to live on my own?
- What if I cannot afford to pay spousal support?
To learn the answers to these questions and more, speak with a spousal support attorney like ours at the Law Office of Vivien I. Stark, P.C. Our Manhattan spousal support attorneys have decades of spousal support experience to draw on when answering your questions and addressing your concerns.
Manhattan spousal support attorneys at the Law Office of Vivien I. Stark, P.C. are proud to offer clients:
- A full-service family law practice;
- Honest case evaluations with practical legal solutions; and
- A determination to make your legal goals a reality.
We know the challenges divorcing spouses face during a divorce. Contact our attorneys in Manhattan now to have a legal strategy tailored to fit your case.
Why You Should Have a Spousal Support, Maintenance, and Alimony Attorney in Manhattan
The alimony attorneys at the Law Office of Vivien I. Stark, P.C. have the skills needed to analyze your finances while diffusing any emotionally-charged spousal support situations. Our attorneys work tirelessly throughout your divorce protecting your legal rights and finances.
At the Law Office of Vivien I. Stark, P.C., we try to reach a fair and equitable settlement with your spouse before litigation. We also do the following:
- Ensure you understand the laws and calculations behind alimony in New York;
- Act as a buffer between you and your spouse regarding alimony payments;
- Negotiate any alimony or maintenance payments with your spouse or their attorney;
- Compile necessary supporting evidence for your side;
- Retain any needed experts; and
- When needed, represent your legal and financial best interests before a judge.
If you need spousal support or your spouse’s alimony requests seem unreasonable, contact the Law Office of Vivien I. Stark, P.C. We can help guide you through the New York alimony process and answer your questions and concerns.
Spousal Support, Maintenance, and Alimony: Is There a Difference?
Spousal support, maintenance, and alimony are often misunderstood and controversial. Some spouses want to use payment or non-payment of alimony as a means to punish the other. This is not the purpose of spousal support, nor will the court award or withhold spousal support as a punishment.
What may be colloquially referred to as alimony is known as maintenance or spousal support in New York courts.
Post-judgment spousal support, or maintenance, is paid to a spouse for support when the divorce case closes. Temporary (or pendente lite) maintenance is temporary support paid while the divorce case is pending. There is a formula to help judges determine spousal support in New York, but it is a guide from which judges may deviate by giving an explanation.
Factors in Determining Spousal Support
In addition to a formula, judges look to different facts in deciding whether spousal support is appropriate in a given divorce. These include, but are not limited to, the following:
- The income and property of each spouse;
- The length of the marriage;
- The present and future earning capacity of the parties;
- The existence and duration of a joint household before marriage or separate households before the divorce;
- The ability of the party seeking maintenance to become self-supporting and the time and training that will require;
- Whether one spouse lost earning capacity due to forgoing or delaying education, training, employment, or career opportunities during the marriage;
- Whether a spouse’s earning capacity is inhibited by ongoing care of children or the elderly in the family;
- Exceptional, additional expenses for the children;
- Any tax consequences to either party;
- The equitable division of marital property;
- The contributions and services of the party seeking maintenance as a spouse, parent, wage earner, homemaker, and to the career or potential career of the other party;
- The wasteful dissipation of marital property by either spouse;
- Any transfer or encumbrance made in contemplation of a divorce without fair consideration;
- The loss, availability, and cost of health insurance; and
- Any other factors the judge finds expressly just and proper.
Spousal Support Modification and Time Limits
Either party may modify spousal support due to a substantial change in circumstances. If the spousal support order was an agreed order between the parties, there must be more than a substantial change in circumstances for a modification.
There are judicial limits on spousal support payments. New York has the formula to help in setting timeframes for alimony payments.
These are as follows:
- For marriages up to fifteen years, support is 15% to 30% the length of the marriage;
- Up to twenty, 30% to 40% the length of the marriage; and
- More than twenty, 35% to 50% the length of the marriage.
If either spouse dies, the spousal support payments end. If the recipient spouse remarries, the spousal support payments terminate.
Contact a Manhattan Spousal Support Attorney
For more information on spousal support formulas, modifications, time limits, or any of the factors courts use when determining spousal support or spousal maintenance, contact the Law Office of Vivien I. Stark, P.C. in Manhattan. Our spousal support attorneys are skilled in all aspects of spousal support and are ready to help you with your most pressing questions and concerns.
Do not try to handle your own spousal support issues. A spousal support professional from our firm can save you time, energy, money, and frustration. Schedule your appointment with a spousal support attorney today.