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The end of a marriage often signifies more than just the loss of a long-term relationship. For some people, a divorce can be devastating both emotionally and financially. This is especially true in cases where one spouse earned a significantly higher income than the other spouse, or if one spouse stayed home to raise children. In the state of New York, it is possible for a spouse to be awarded spousal support (alimony) payments after a divorce depending on the details of the case. Similar to child support, the court will determine if spousal maintenance is necessary, and it will set the amount of the payments. A judge will weigh several different factors when deciding who gets what.
It is important to note that spousal support is not automatically given to one spouse over the other. A judge must review the reasons for the request when deciding if and how much will be awarded depending on the circumstances of a divorce. Some of the factors considered include the financial status of each spouse, the needs of the requesting party, the age and health of each partner, and if children are involved.
According to New York law, there are three types of spousal support typically awarded:
For durational payments, there is a limit to the amount of spousal support payments a person can receive depending on the length of the marriage:
Non-durational or permanent support only ends if either spouse dies, the receiving spouse remarries, or he or she lives with another person and represents that individual as a spouse. In some cases, a couple may agree to one lump sum payment or monthly installment payments. If the paying spouse becomes delinquent on payments, a court can order the amount to be garnished from his or her wages.
A divorce can be difficult in more ways than one. The thought of being alone can be daunting, and you may need to start a new career if your financial situation warrants it. If you and your spouse are considering a divorce, it is important to seek professional legal counsel to understand your options for receiving the financial support that will allow you to maintain your standard of living. A qualified New York City spousal support lawyer will fight for your rights to support payments and help you secure your financial future. To schedule a free consultation, call Goldberg Sager & Associates today at 718-514-9516.