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Alimony Lawyer in New York

Determining Spousal Maintenance in NYtwo rings laying on money

Spousal maintenance—also referred to as “spousal support” or “alimony” in other states—is an amount of money that one ex-spouse pays to another. Court-ordered maintenance is determined by taking into account the standard of living that was established during the marriage and can be set to last for a specified period of time or indefinitely. When spousal maintenance is set to be indefinite, it can be terminated upon the death of either party or if the dependent spouse remarries.

Are you seeking alimony in Westchester County? It is important that you have an advocate for your position, views, and rights in any divorce or family law proceedings, particularly those involving spousal maintenance.

The Westchester County spousal maintenance attorneys at Friedman & Friedman, Attorneys at Law are highly competent in handling all areas of family law. This includes separation agreements, divorce, and any issues that may arise involving spousal support or maintenance, such as the modification of spousal maintenance.

Contact us online or call (914) 873-4410 to discuss your case today!

Calculating Alimony in New York

In determining maintenance, the court will look to a number of deciding factors, including the:

  • Length of the marriage
  • Age of both spouses
  • Health of both spouses
  • Standard of living established during the marriage
  • Dependent spouse's ability to become financially independent
  • Reduced earning capacity of the dependent spouse because of marriage

Specific court rulings involving spousal maintenance in Westchester County will vary depending upon the jurisdiction and the particular case.

As of 2019, the state of New York has utilized a general formula to help calculate temporary spousal maintenance. This formula considers the following information:

  • Whether the payor will also being responsible for child support
  • The income of each spouse (max of $184,000 for the payor)

To arrive at a final judgement, the court will assess one of these three options:

  1. The payor's income will be subtracted by 25% from 20% of the payee's income
  2. The payor's income will be subtracted by 20% from 30% of the payee's income
  3. Both spouses total income will be multiped by 40% and then subtracted from the payor's total income

Is Alimony Taxable in New York State?

On the state level, alimony is still deductible by the payor and tax-deductible to the payee. This has not seen a change. Since January of 2019, alimony on the federal level has been modified and is considered to be no longer deductible by the payor. It is also not considered to be income for the payee spouse.

How Long Does Alimony Last in NY?

In New York, alimony can be considered “durational” or “non durational”. The type of alimony will largely depend on the circumstances of the case. Durational alimony basically means that payments will be made for a fixed period of time until the receiving spouse can get back on their feet financially and be self-sufficient. Non durational alimony is considered permanent and will not end until one of three things happens:

  • Either spouse passes away

  • The spouse receiving the payments remarries

  • The spouse receiving the payments lives with a partner that he or she represents as their new spouse

A common formula utilized in a NYS courtroom to help calculate the duration of support is as follows:

  • Marriages up to 15 years will see payment durations lasting 15-30% of its length

  • Marriages up to 20 years will see payment durations lasting 30-40% of its length

  • Marriages more than 20 years will see payment durations lasting 35%-50% of its length

Does Adultery Affect Alimony in NY?

When filing for a divorce in New York, a spouse may file on the grounds of fault or no-fault. For no-fault divorces, you only need to show that the marriage is irretrievably broken and cannot be mended after 6 months. Fault divorces can be based on certain grounds which include adultery (N.Y. Dom. Rel. § 170) but must be supported by evidence. The court will require evidence in the form of third-party testimony, usually conducted by private investigators.

If adultery is proven, will it affect the amount of alimony you receive or are ordered to pay? While affairs aren’t generally deciding factors in payment determinations, the court will examine whether the cheating spouse was reckless with the couple’s finances. In other words, was the cheating spouse spending egregious amounts of money on this other man or woman and indirectly hurting their bank account? If this is true, a judge may increase the order of spousal maintenance until the payee is back on their feet financially.

Are Domestic Partners Entitled to Alimony in NY?

The concept of domestic partnerships is constantly evolving in the eyes of the law. If two people have lived together for an extended period of time, then a judge may award alimony if it’s in their best interests. While there is no current provision in New York that forces alimony upon a domestic partnership ending, there may have been agreements made between the two parties before the partnership began. More often than not, these agreements may contain some form of financial support if the partnership was to suddenly end. If you have questions regarding your rights, please don’t hesitate to contact our office today for additional information.

two people calculating alimony

Alimony Attorney Serving Westchester, NY

The court decision for your spousal maintenance case will greatly affect your standard of living for many years to come—possibly for the rest of your life. This is precisely why it is essential that you retain the services of an experienced alimony lawyer as soon as possible. At Friedman & Friedman PLLC, Attorneys at Law, we believe in asserting our clients’ rights and helping them reach a conclusion that is best for their future.

Facing spousal maintenance issues in Westchester County? Contact a spousal maintenance attorney in Westchester County today for experienced counsel!

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