New York City Alimony Attorney

Spousal Support & Alimony Lawyer in New York City

vivien-starkThings can get complicated quickly when money becomes part of a divorce proceeding. The court system can be complex, and having an experienced New York City alimony attorney can make these complex issues simpler. For instance, spousal support, maintenance, and alimony are three different words for the same thing. The truth is, in a marriage, life and money can’t always be divided 50/50. When couples get divorced, the spouse who makes less money may need some financial support from the other, especially if one of them hasn’t been working outside the home.

Alimony is designed to support the spouse unable to support him or herself during the transitional period of a divorce. The complexities of modern life are making it less common for courts to agree to alimony payments. It can sometimes be difficult for spouses who have worked hard in a supporting role to get the assistance they deserve.

There are many stipulations when determining spousal support, so it is always best to have an experienced spousal support attorney represent your needs in court. The law office of Vivien I. Stark have over 25 years of experience in divorce and family law in New York City and the surrounding areas. Clients looking for protection from overpaying spousal support need expert representation, as do clients looking for a fair alimony arrangement. Make sure you have someone on your team who understands the law and can get you a fair settlement.

How Spousal Support is Determined in New York City

The State of New York overhauled many of its divorce laws in 2015, including spousal support. Temporary spousal support allows for a spouse to receive support payments only during the divorce proceedings. This system is designed to help the spouse with the lesser income get back on his or her feet financially while the divorce is progressing.

A spouse will only receive support if his or her income is less than 2/3 of the other spouse’s income. As of 2018, the cap used is $184,000. This cap is increased periodically. These formulas are only used to calculate payments during the divorce proceedings and post judgment. Spousal support isn’t always temporary. A judge will usually set an end date for the support payments, and in some cases, the payments may continue until a spouse dies or remarries.

The following formula is used to determine temporary and post judgment support if the payor is not paying child support:

Maintenance is the lesser of the following two formulas:

30% of payor’s adjusted gross income less

20% of payee adjusted gross income; or

40% of combined adjusted gross income of payor and payee minus payee’s adjusted gross income.

The following formula is used to determine temporary and post judgment support if the payor is paying child support:

Maintenance is the lesser of the following two formulas:

20% of payor’s adjusted gross income less

25% of payee adjusted gross income; or

40% of combined adjusted gross income of payor and payee less payee’s adjusted gross income.

For post judgment spousal support the court presumptively uses the following time periods to calculate support:

The duration of Post Judgment Maintenance Presumption is a function of a formula that includes ranges of different percentages of the marriage length depending on how long the marriage lasted.

For marriages of zero to 15 years, maintenance would be awarded for 15% to 30% of the length of the marriage.

For marriages of more than 15 up to 20 years, maintenance would be awarded for 30% to 40% of the length of the marriage.

For marriages of more than 20 years, maintenance would be awarded for 35% to 50% of the length of the marriage.

However, nothing prevents the court from awarding non-durational, post-divorce maintenance in an appropriate case.

When contemplating spousal support decisions, the judge takes into consideration a number of factors on which he or she bases the decision. Usually, the judge will consider the following:

  • How long the couple was married.
  • The income of each individual spouse.
  • Other financial resources, like property and assets.
  • The ability for each spouse to work based on age and physical factors.
  • The amount of income each spouse contributed before the divorce.

Experienced New York City Alimony Attorney

If you are going through a divorce and are seeking alimony or have been ordered to pay alimony, contact the law office of Vivien I. Stark. Spousal support decisions can be tricky to deal with without help from an experienced NYC alimony attorney. Alimony is not always awarded, and when it is, it can be difficult to determine the length of time and amount of payments that work best for everyone.

Vivien I. Stark will represent you effectively to obtain the amount you need to get your life back on track. In cases where clients have been ordered to pay spousal support, we will make sure the amount you pay is limited so you do not suffer a financial burden yourself. Vivien I. Stark is both compassionate and competent; a family law attorney who fights for her client’s rights tirelessly. She is well-versed in family and divorce law, which has been her office’s primary purpose. Committed to her client’s satisfaction, Vivien I. Stark also has a superb Avvo rating and is an accredited member of the Better Business Bureau.

*Alimony in New York is called “maintenance”.