Spousal Support

The issue of support is often a challenging and divisive aspect of the divorce or separation process. There are many emotions associated with paying or receiving spousal support, and we aim to structure a realistic spousal support plan that meets the needs of our client and will allow him or her to move forward with a sense of financial security.

How it works: Spousal support is paid from one spouse to his or her former spouse for some duration following the divorce. In New York, spousal support is generally paid for the purpose of helping the lower-earning, or non-earning, spouse become self-sufficient. The marital lifestyle, the age and health of the parties and the earning capacity of each party are just a few of the factors that are considered when determining the proper amount of spousal support. After the amount of support is decided, then the duration of support; ie, how long it is paid, is decided. There are temporary spousal support guidelines that judges are obligated to apply to determine the amount of support based upon a formula using a percentage of each spouse’s income. However, when a couple is negotiating an agreement through mediation or collaborative law temporary spousal support will likely be based on actual needs and ability to pay.

To discuss spousal support and reach a positive solution, contact us today.