A GUIDE THROUGH THE SPOUSAL SUPPORT SYSTEM IN NEW YORK

 

Introduction

Obtaining spousal support can be one of the toughest parts of a divorce or separation. It is not just about the money; both sides experience a lot of emotions.

At Gehi and Associates, we understand that determining spousal support can be complicated. Our goal is to help our clients develop fair spousal support plans that provide financial security and emotional peace, whether they are paying or receiving.

If you live in New York, you should know how spousal support works during a divorce. Our divorce attorneys in NYC can be of great help.

We have put together some answers to common questions to guide you as you look for legal help.

What does spousal support mean? And what does it do?

Spousal support (sometimes called alimony) is a court-ordered or agreed payment where one ex-spouse pays the other after a separation or divorce. The idea is for the spouse who makes more money to help the lower-earning ex-spouse get back on their feet and/or keep a similar lifestyle to what they had during the marriage. Spousal support can also help avoid the financial struggles that come with divorce.

Every marriage is unique, and sometimes one spouse is in a better financial situation than the other, making spousal support necessary. You can talk these dynamics over with a divorce attorney in NYC.

For instance, if one spouse pauses their career to take care of the kids, they may find themselves in a tough financial spot. Since they didn’t earn an income while their spouse continued to work. Spousal support can help them maintain a decent standard of living after the divorce and provide some stability while they look for work.

On the flip side, if one spouse supported the other while they were getting job training or finishing their degree during the marriage, the spouse receiving support might need to pay back some of that financial help as part of the spousal support agreement. You can find a unique path for your spousal support by talking with a divorce attorney in NYC.

How does spousal support work in NYC?

Spousal support involves payments one spouse makes to the other during and after a divorce or separation. The idea behind spousal support is to help the spouse who earns less (or doesn’t earn anything) keep up the lifestyle they had during the marriage for a while, as they work towards being financially independent. Several things can affect whether spousal support is granted, how much, and for how long. These include the couple's ages and health, how long they were married, each person's ability to earn money, their financial situation, and whether there are kids living at home. A divorce attorney in NYC can help you assess your situation.

It is also important to know the difference between spousal support and child support during a divorce. While spousal support is meant to help one spouse become financially independent, child support is for taking care of the kids. Parents are legally required to support their children until they turn 21. To know if both apply to your case, speak with a divorce attorney in NYC.

How are spousal support terms fixed?

In New York, there are guidelines for figuring out how much and how long spousal support payments should last. But if couples work out their own agreements, they can look at things like current and future finances.

The idea is to help both you and your spouse keep a decent standard of living after the divorce. It is a good idea to talk to a skilled divorce attorney in NYC to make sure the spousal support agreements are fair and work for both sides.

How long do spousal support payments last in NYC?

Spousal support in New York is meant to help the spouse who needs support become independent over time. There are three types of spousal support: temporary, post-divorce, and permanent.

Temporary support is given during the divorce to help the spouse with less income. Post-divorce support lasts for a certain time to help the supported spouse get more training or find a job. Usually, how long this support lasts depends on how long the couple is married. Permanent support is pretty rare and doesn’t have an end date. You can find out the type that applies to you from an experienced divorce attorney in NYC.

Who can get spousal support?

To qualify for spousal support, you need to look at the differences in property, income, and resources between the spouses. Prenuptial and Postnuptial Agreements often spell out the terms for spousal support, including any waivers or specific payment plans based on how long the marriage lasted or how assets were divided. The smartest step to find out if you can get spousal support is to discuss it with your divorce attorney in NYC.

Why hire a divorce attorney in NYC?

If you want to make sure you get a fair spousal support deal, talking to a divorce attorney in NYC is a smart move. These attorneys know the law inside and out and can help you negotiate spousal support agreements that work in your favor.

Here are a few things a divorce attorney in NYC can do for you:

       Offer legal advice. They will look at your situation and suggest the best steps to take.

       Collect evidence. They know what documents and proof you need to support your case.

       Understand state laws. They are familiar with the laws in NYC.

       Negotiate. They can help settle any disputes and work things out with your ex without going to court, which can save you money.

       Represent you in court. If you end up in court, they will present your case and fight for your interests.

       Make sure payments happen. If your ex isn’t paying the spousal support, they can help you file a complaint with the court.

Get help!

When dealing with the tricky aspects of spousal support, getting the right legal help is really important. At Gehi and Associates, we focus on a friendly divorce approach, putting your financial security and well-being first.

Whether you are thinking about getting a divorce, are in the middle of it, or are just curious about how spousal support works if you do get divorced, our team of divorce attorneys and mediators is here to offer guidance and support throughout the whole process.

Get in touch with us today!


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