Spousal Support

Spousal support can be one of the most challenging aspects of divorce or separation. Beyond the immediate financial implications, it is often driven and stirred up by a whirlwind of emotions for both parties. At Vacca Family Law Group, we understand the complexities in determining spousal support, and our mission is to assist our clients in crafting fair and practical spousal support arrangements that foster financial stability and emotional well-being, regardless of whether you are the payer or the recipient.

In New York, it is important to understand how spousal support is handled in divorce. To shed some light on this topic, we've provided answers to some common questions to help you as you seek legal counsel.

How Does Spousal Support Work in New York?

Spousal support, also referred to as spousal maintenance or alimony, entails payments made from one spouse to the other during and after divorce or separation proceedings. Spousal support aims to assist the lower-earning or non-earning spouse in maintaining the marital standard of living for a certain period of time while they work towards self-sufficiency. Various factors influence whether spousal support will be paid and, if so, how much will be paid and for how long. These factors include the age and health of the parties, the duration of the marriage, each party's earning capacity, each party’s financial resources and the presence of children in the household.

In the divorce process, it is important to distinguish between spousal support and child support. While spousal support aims to help a spouse become financially independent, child support is intended for the benefit and care of the children, with parents legally obligated to support their children until they reach the age of 21.

How Are Spousal Support Terms Determined?

New York law provides guidelines for determining the amount and duration of spousal support payments. However, when couples negotiate agreements independently, factors such as current and future financial circumstances can be considered. The goal is to ensure that you and your spouse can maintain a reasonable standard of living post-divorce. Seeking guidance from a qualified and highly experienced divorce attorney is the best way to ensure fair and sustainable support agreements.

How Long Do Spousal Support Payments Last in New York?

The purpose of spousal support in New York is to enable the supported spouse to become self-sufficient over time. There are three types of spousal support: temporary, post-divorce, and permanent. Temporary support is provided during the divorce process to support the lower-income spouse. Post-divorce support is granted for a set period to allow the recipient spouse to gain additional training or re-enter the workforce. The duration of post-divorce support is often tied to the length of the marriage. Permanent support, while rare, has no end date.

What Qualifies Someone for Spousal Support?

Qualifying for spousal support involves assessing disparities in property, income, and resources between spouses. Prenuptial and Postnuptial Agreements often outline spousal support terms, including waivers or specific payment structures based on marriage length or asset distribution.

How Vacca Family Law Group Can Help

When navigating the complexities of spousal support, finding the right legal guidance is crucial. At Vacca Family Law Group, our commitment to a non-adversarial divorce approach means we prioritize your financial stability and well-being above all else.

Whether you’re considering divorce, currently navigating the process, or simply wondering how spousal support would be addressed in the event of a divorce, our collaborative attorneys and mediators are here to provide clarity and support every step of the way. For more information, call us at (646) 502-8591 or contact us online to schedule your free introductory call.