Spousal Support Lawyer / Alimony Lawyer

Spousal Support Lawyer / Alimony Lawyer Serving Clients in Nassau County, Suffolk County, and Manhattan in New York

Even after the dissolution of a marriage, the requirement to support one another may still exist for men and women. Have you been searching for a spousal support lawyer / alimony lawyer who understands your unique needs and circumstances? At Hedayati Law Group, we recognize the challenges and hardships spousal support obligations can create for our clients after a divorce.

Drawing upon more than 150 years of combined, unmatched experience, our New York spousal support attorneys offer honest, trustworthy, and confidential counsel as we protect your rights and explain your options regarding spousal support (alimony), temporary maintenance, and post-divorce maintenance. Contact us at (516) 334-4100(516) 334-4100 to schedule a complimentary consultation.

Key Takeaways About Spousal Support or Alimony in Nassau County, Suffolk County, & Manhattan from New York Spousal Support Attorneys

• Types of Spousal Support: New York has several types of spousal support, including Temporary Support (Pendente Lite Maintenance), Rehabilitative Support, and Permanent Support (Post-Divorce Maintenance). Temporary support is awarded during the divorce process, rehabilitative support is for a fixed period to help the recipient gain independence, and permanent support involves ongoing payments after the divorce is finalized.
• Calculation of Support Amount: In New York, the court uses a formula based on the parties’ income and the duration of the marriage to determine spousal support payments.
• Duration of Support: The length of spousal support is generally based on the length of the marriage, with shorter marriages often awarded support for a shorter duration, while long-term marriages may lead to more extended support periods.
• Income Considerations: The court assesses each spouse’s ability and financial situation when determining alimony payments, including potential income from investments or secondary employment.
• Modification and Termination: Spousal support orders can be modified or terminated if there is a significant change in circumstances, such as changes in income, employment status, or health. If the receiving spouse remarries or cohabitates with a new partner, support can be modified or terminated.
• Tax Implications: As of 2019, spousal support payments are no longer tax-deductible for the payer nor taxable income for the recipient under the Tax Cuts and Jobs Act.
• Enforcement of Support Orders: Courts have the authority to enforce spousal support orders through various means, including wage garnishment, liens on property, or other legal actions.
• Importance of Representation from a New York Spousal Support Lawyer: A knowledgeable attorney can significantly influence the outcome of spousal support negotiations and protect your rights and interests adequately throughout the legal process.

What is Spousal Support/Alimony in New York?

Spousal support, also known as alimony, is a financial provision one spouse may be required to pay the other after a separation agreement or completed divorce case. The purpose of spousal support is to help the lower-earning spouse maintain a similar standard of living post-divorce.

Types of Spousal Support / Alimony Available in Nassau County, Suffolk County, & Manhattan

Temporary Support (Pendente Lite Maintenance)

• Awarded during the divorce process to maintain the status quo until the final divorce decree.
• Calculated based on a statutory formula considering each spouse’s income.
• Ends when the divorce is finalized or either spouse passes away.

Rehabilitative Support

• Provided for a fixed period to help the recipient become self-sufficient.
• Typically used to cover expenses related to education or job training for career opportunities.
• Designed to support the lower-earning spouse until they can independently support themselves.

Permanent Support (Post-Divorce Maintenance)

• Ongoing payments made after the divorce is finalized.
• Duration and amount are influenced by factors such as the length of the marriage, the standard of living during the marriage, and each spouse’s financial situation.
• Payments generally continue until the recipient remarries or either party dies.

Modifying or Terminating Support

• Spousal support orders can be modified or terminated based on a significant change in circumstances, such as a change in income, employment status, or health.
• Cohabitation with a new partner by the recipient can also be grounds for modifying or terminating support.
• Both parties can petition the court to review and adjust the spousal support terms as needed.

How is Spousal Support Determined for Divorcing Spouses?

The Court considers various factors when seeking to award spousal support/alimony and determining the amount of financial support one spouse or ex-spouse must pay to the other:

• Length of the marriage
• Each spouse’s income and earning capacity
• Age and health of each spouse
• Marital standard of living
• Any prenuptial agreements or postnuptial agreements regarding support
• Financial and non-financial contributions each spouse made during the marriage (e.g. care of minor children and marital property, such as the home they shared

How Does New York Calculate Spousal Support?

The calculation of New York spousal support follows the guidelines in the state’s Domestic Relations Law, Section 236.

1. Temporary Maintenance: This is calculated before child support. If the payor’s income is below the income cap (currently $184,000), the court uses a formula:
   • Subtract 20% of the payee’s income from 30% of the payor’s income.
   • If child support is involved, adjustments are made to ensure maintenance is calculated first.
2. Post-Divorce Maintenance: Similar calculations apply, but the court also considers the marriage’s length to determine the duration of payments.
   • 15% to 30% of the length for marriages up to 15 years.
   • 30% to 40% for marriages between 15 and 20 years.
   • 35% to 50% for marriages over 20 years.
3. Income Cap: For incomes exceeding the cap, the court has discretion to adjust the maintenance amount based on multiple factors, such as age, health, earning capacity, and contributions to the marriage.
4. Factors: The court considers several factors, including the standard of living during the marriage, the need for education or training, and the care of children or other dependents.
5. Modifications: Maintenance can be modified if there’s a substantial change in circumstances, such as income or retirement.

Difference Between Spousal Support / Alimony and Spousal Maintenance

Although the terms spousal support/alimony and spousal maintenance have many similarities, they are actually quite different. Additionally, New York’s terminology differs in important ways from that used by other states. Our family law attorneys are prepared to guide you throughout these processes. Under New York law:

• Spousal support is support given through payments from to one spouse from the other while the two are still married. This type of support can be set for a length of time consistent with the time that two people are married to one another.
• Spousal maintenance goes into effect after the finalization of a divorce, where one ex-spouse will make payments to the other ex-spouse. It may be wise to pursue alimony or support—or request a modification of existing terms.

Alimony Laws in Nassau, Suffolk, and Manhattan Counties

Nassau County

Court Proceedings

Initial Filing and Temporary Support

• Filing for Divorce: The process begins with one spouse filing for divorce. During this period, temporary support (pendente lite maintenance) may be awarded to maintain the status quo until the final divorce decree.
• Initial Hearing: During the initial court proceedings, the judge may issue temporary orders regarding alimony, child support, and custody based on preliminary financial disclosures from both parties.

Determining Alimony

• Statutory Guidelines: Nassau County courts follow New York State statutory guidelines to determine the amount and duration of alimony. These guidelines consider each spouse’s income, the length of the marriage, and other relevant factors.
• Judicial Discretion: While guidelines provide a baseline, judges have the discretion to adjust the amount based on specific circumstances, such as the health and age of the spouses, their respective earning capacities, and their contributions to the marriage.

Factors Considered

• Income and Financial Resources: The court examines the income of both spouses, including employment, investments, and any other financial resources.
• Duration of Marriage: The length of the marriage significantly impacts the duration of alimony. Longer marriages typically lead to longer periods of alimony.
• Standard of Living: The standard of living established during the marriage is a critical factor. The goal is to help the spouse who earns less money maintain a similar lifestyle post-divorce.
• Contributions to Marriage: The court takes into account contributions such as homemaking, child-rearing, and supporting the career of the other spouse.
• Health and Age: The physical and mental health and the ages of both spouses influence the court’s decision.

Types of Alimony

• Temporary Support: Provided during the divorce process to maintain the status quo.
• Rehabilitative Support: Given for a fixed period to allow the recipient to gain skills or education needed to become self-supporting.
• Permanent Support: Ongoing payments that may continue indefinitely, often until the receiving spouse remarries or either party passes away.

Typical Alimony Cases in Nassau County

Short-Term Marriages

• Brief Duration: Alimony in short-term marriages (less than 10 years) is generally shorter in duration. It may be rehabilitative alimony to allow the receiving spouse who earns less money to become self-supporting.
• Limited Payments: The court may award temporary or rehabilitative alimony rather than permanent support.

Long-Term Marriages

• Extended Duration: Long-term marriages (over 10 years) often lead to more extended periods of alimony, potentially permanent support.
• Higher Amounts: The amount of alimony is usually higher due to the established standard of living and the likely financial disparity between spouses.

High Net-Worth Divorces

• Complex Financial Evaluations: These cases involve significant assets, requiring detailed financial analysis and sometimes the involvement of forensic accountants.
• Customized Orders: Alimony orders in high net-worth cases are highly customized to reflect the complex financial situations and lifestyle of the parties involved.

Modifications and Terminations

• Change in Circumstances: Either party can request a modification or termination of alimony if there is a major change in circumstances, such as a loss of income, retirement, or changes in health.
• Cohabitation: If the recipient begins cohabitating with a new partner, this can be grounds for modifying or terminating alimony.

Suffolk County

Court Proceedings

Initial Filing and Temporary Support

• Filing for Divorce: The alimony process begins when one spouse files for divorce. Temporary support (pendente lite maintenance) can be awarded during this period to maintain financial stability until the final divorce decree.
• Preliminary Hearing: An initial hearing may be held where a judge issues temporary orders regarding spousal support, child support, and custody arrangements based on the financial disclosures of both parties.

Determining Alimony

• Statutory Guidelines: Courts in Suffolk County adhere to New York State statutory guidelines to calculate alimony. These guidelines consider each spouse’s income, the length of the marriage, and other pertinent factors.
• Judicial Discretion: Judges have the discretion to adjust the alimony amount based on specific circumstances, including the health, age, and earning capacities of both spouses, as well as their contributions to the marriage.

Factors Considered

• Income and Financial Resources: The court reviews the income from all sources, including employment and investments, of both spouses.
• Duration of Marriage: The length of the marriage is crucial in determining the duration of alimony, with longer marriages often leading to longer support periods.
• Standard of Living: The court aims to enable the lower-earning spouse to maintain a standard of living similar to that experienced during the marriage.
• Contributions to Marriage: Non-financial contributions, such as homemaking and child-rearing, are also considered.
• Health and Age: The physical and mental condition, as well as ages, of both spouses, influence alimony decisions.

Types of Alimony

• Temporary Support: Awarded during the divorce proceedings to sustain the financial status quo.
• Rehabilitative Support: Provided for a set period to allow the recipient to acquire education or training to become self-sufficient.
• Permanent Support: Continuous payments typically lasting until the recipient remarries or either spouse passes away.

Typical Alimony Cases in Suffolk County

Short-Term Marriages

• Limited Duration: Alimony in short-term marriages (under 10 years) is usually short and often rehabilitative to help the lower-earning spouse achieve financial security and independence.
• Temporary or Rehabilitative Payments: These marriages seldom lead to permanent support.

Long-Term Marriages

• Extended Periods: In long-term marriages (over 10 years), alimony is often awarded for longer durations and could be permanent.
• Higher Alimony Amounts: The payments are generally higher due to a more significant financial disparity and an established standard of living.

High Net-Worth Divorces

• Complex Financial Evaluations: These cases require detailed financial assessments and may involve forensic accountants.
• Customized Alimony Orders: Orders are tailored to reflect the complex financial situations and high standard of living of the parties.

Modifications and Terminations

• Change in Circumstances: Alimony can be modified or terminated if there is a substantial change in circumstances, such as job loss, retirement, or health issues.
• Cohabitation: If the recipient cohabitates with a new partner, it can be grounds for modifying or terminating the support.

Alimony Laws in Manhattan, New York

In Manhattan, alimony’s primary goal is to mitigate economic disparities between spouses and help the lower-earning spouse maintain a lifestyle similar to that enjoyed during the marriage.

Court Proceedings

Initial Filing and Temporary Support

• Filing for Divorce: The alimony process begins when one spouse files for divorce. Temporary support (pendente lite maintenance) may be granted to maintain financial stability until the divorce is finalized.
• Preliminary Hearing: At an initial hearing, the judge may issue orders for temporary alimony, child support, and custody based on preliminary financial disclosures from both spouses.

Determining Alimony

• Statutory Guidelines: Manhattan courts follow New York State’s statutory guidelines to determine alimony. These guidelines consider several factors, including each spouse’s income and the length of the marriage.
• Judicial Discretion: Judges have the discretion to adjust alimony amounts based on specific circumstances such as the health, age, and earning capacities of both spouses, as well as their contributions to the marriage.

Factors Considered

• Income and Financial Resources: The court reviews the income from all sources, including employment and investments, for both spouses.
• Duration of Marriage: The length of the marriage significantly impacts the duration of alimony, with longer marriages often leading to more extended support periods.
• Standard of Living: The goal is to allow the lower-earning spouse to maintain a standard of living similar to that enjoyed during the marriage.
• Contributions to Marriage: Non-financial contributions, such as homemaking and child-rearing, are also considered.
• Health and Age: The physical and mental health, as well as the ages of both spouses, influence the court’s decision.

Types of Alimony

• Temporary Support: Provided during the divorce proceedings to maintain the financial status quo.
• Rehabilitative Support: Given for a fixed period to help the recipient gain education or training needed to become self-sufficient.
• Permanent Support: Ongoing payments that typically continue until the recipient remarries or either spouse passes away.

Typical Alimony Cases in Manhattan

Short-Term Marriage

• Limited Duration: Alimony in short-term marriages (under 10 years) is generally shorter and often rehabilitative to help the lower-earning spouse become self-sufficient.
• Temporary or Rehabilitative Payments: These marriages seldom lead to permanent support.

Longer Marriage

• Extended Periods: In long-term marriages (over 10 years), alimony is often awarded for longer durations and could be permanent.
• Higher Alimony Amounts: The amount is usually higher due to a more significant financial disparity and the established standard of living.

High Net-Worth Divorces

• Complex Financial Evaluations: These cases require detailed financial assessments and require an attorney with a background in banking and finance to give you a competitive advantage when determining the division of marital assets.
• Customized Alimony Orders: Orders are tailored to reflect the complex financial situations and high standard of living of the parties involved.

Modifications and Terminations

• Change in Circumstances: Either party can request a modification or termination of alimony if there is a significant change in circumstances, such as job loss, retirement, or health issues.
• Cohabitation: If the recipient begins cohabiting with a new partner, it can be grounds for modifying or terminating the support.

Why You Need an Experienced New York Alimony Lawyer

Navigating the complexities of divorce is daunting enough without the added stress of understanding spousal support laws. New York, with its particularly intricate legal landscape, requires the assistance of experienced family law attorneys with a background in banking and finance to pursue a favorable resolution.

Avoiding Common Pitfalls

1. Misunderstanding Legal Guidelines: New York’s spousal support calculations can be complex, involving multiple factors such as income, the length of the marriage, and the parties’ standard of living. A seasoned New York spousal support lawyer can help you fully understand these guidelines and help you avoid errors that could affect the potential support amount.
2. Inadequate Financial Disclosure: Failing to disclose all financial details can lead to an inaccurate determination of support obligations. An experienced family law attorney will guide you through the process of financial disclosure, properly accounting for the relevant assets and debts.
3. Ignoring Long-term Implications: Decisions made during divorce proceedings can have lasting financial impacts. An experienced New York spousal support lawyer can foresee potential future issues and advise on strategies to mitigate them.
4. Overlooking Modification Options: Circumstances change, and so can spousal support arrangements. An experienced New York spousal support lawyer can help you understand the conditions under which a spouse can request modifications to prevent you from getting trapped by an outdated or unfair agreement.

The Role of Family Law Attorneys Today in Negotiation and Mediation

Spousal support cases often benefit from negotiation and mediation, processes that require skillful handling from an experienced alimony lawyer.

1. Strategic Negotiation: A lawyer brings crucial negotiation skills for pursuing a fair settlement, understanding the nuances of New York’s legal system and leveraging this knowledge to negotiate terms for your best interests.
2. Mediation Experience: Alternative dispute resolution methods like mediation can be less adversarial than court proceedings. An experienced attorney can guide you through mediation, fostering an environment where both parties can express their needs and seek an amicable agreement.
3. Reducing Emotional Stress: Divorce is emotionally taxing. An attorney can alleviate some of this burden by managing the legal complexities and focusing on the pursuit of  a favorable resolution.
4. Fulfilling Compliance: After reaching an agreement, an attorney will help you meet the legal formalities to enforce the spousal support arrangement.

With Over 150 Years of Combined, Unmatched Experience and a Background in Banking and Finance, Trust the New York Spousal Support Attorneys at Hedayati Law Group

Whether you expect to pay spousal support or believe you should be paid alimony, trust the experienced team at Hedayati Law Group to provide legal solutions tailored to your unique circumstances. We’re dedicated to protecting your rights and guiding you through every step of the process.

Our New York spousal support attorneys will listen carefully to your needs and objectives, developing a comprehensive legal strategy that respects your wishes and prioritizes your best interests. Emphasizing honesty, integrity, and a custom approach tailored to each client’s needs, we believe in providing divorce solutions as unique as you are. You can count on us to fight for your best interests with unwavering dedication.

Contact us at (516) 334-4100(516) 334-4100 or complete our online form to schedule a complimentary consultation.

Hedayati Law Group, P.C. ~ We Fight for You with over 150 Years of Combined, Unmatched Experience