Leslie A. Silva is a partner in the Albany office of Tully Rinckey PLLC, where she practices family and matrimonial law and education law. (photo provided)
The terms alimony and spousal support are often used interchangeably and both refer to different types of financial support that one spouse pays to another during or after a divorce.
It is important for anyone going through a divorce to understand the complexities of alimony and spousal support, including their nature, the methods used to calculate spousal support, and the factors that influence them. Whether you are seeking spousal support or are obligated to pay it, information is the first step toward a fair and equitable solution.
Factors influencing maintenance and spousal support
Although not an exhaustive list, some of the most common factors that influence the final decision include:
• Duration of marriage
• Earning ability of each spouse
• Standard of living during marriage
• Health and age of both parties
• Presence of children and child support
• Existence of a shared household before marriage or a separate household before the divorce
• Waste of assets
• Availability and cost of health insurance
• Tax consequences
• Domestic violence or other safety issues
Types of Alimony and Spousal Support
In New York, alimony and spousal support are divided primarily into two types: temporary alimony and post-divorce alimony.
Temporary alimony is typically granted during the divorce process; However, it can be awarded outside of the divorce proceedings in a separate proceeding before the family court. It is calculated according to a legal formula taking into account the incomes of both spouses and is intended to maintain the standard of living until the divorce is finalized.
Post-divorce alimony is awarded after the divorce and can be permanent (for a specified period of time) or permanent (until the recipient remarries or one of the parties dies). The duration often correlates with the length of the marriage. New York has an advisory plan that provides guidance to the court and parties regarding the recommended length of alimony.
Modifying Spousal Support
Changes to alimony and spousal support agreements in New York are possible, but are dependent on significant changes in both parties' circumstances and their ability to pay spousal support. Common reasons for a change include a significant change in financial situation, such as a major change in income, an involuntary job loss, or serious health problems.
Another important factor that can change spousal support agreements is the remarriage of the spousal recipient. In such cases, alimony payments or spousal maintenance are usually no longer required.
Marriage agreements regarding maintenance and spousal support
Prenuptial agreements can play an important role in determining alimony and spousal support in New York. These premarital agreements can set the terms of spousal support in the event of a divorce, providing clarity and expectations for both parties. Similarly, postnuptial agreements signed after marriage can also specify the terms of alimony and are increasingly used as a financial planning tool for marriages.
These agreements can specify amounts and terms or even waive spousal support entirely. They provide a proactive approach to managing potential future support disputes and ensure that both parties enter and potentially leave the marriage with a clear understanding of their financial rights and responsibilities.
Common myths and misconceptions
When it comes to alimony and spousal support, several myths and misunderstandings often cloud understanding:
• Alimony is guaranteed: Contrary to popular belief, alimony is not automatically granted in every divorce case. This depends on various factors, including each spouse's financial needs and resources.
• Only women receive maintenance: maintenance is gender-neutral. The decision is based on financial circumstances, not gender.
• Alimony is forever: Not all alimony agreements are permanent. The duration varies and can be influenced by factors such as the length of the marriage and the recipient's ability to be self-sufficient.
• Alimony is punitive: Alimony is not intended to punish a spouse, but rather to ensure a fair economic balance after the divorce.
Speak to a family lawyer today!
Divorce laws are complex and to ensure that your rights and interests are adequately protected, consulting a knowledgeable family law attorney is critical. They can provide you with personalized advice, help you understand your legal options, and guide you through the intricacies of your case.
If you are facing divorce proceedings or have questions about alimony and spousal support, contact one of our experienced family law attorneys today to discuss your situation and determine the best path forward for your financial and personal well-being.
Leslie Silva is a partner in the Albany office of Tully Rinckey PLLC, where she practices family and matrimonial law and education law. Leslie has represented individuals in all areas of family and matrimonial law and has particular experience in marital disputes involving high net worth individuals. She can be reached at info@tullylegal.com or (888) 229-4988.
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