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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