JUAN LUCIANO DIVORCE LAWYER

NYC Spousal Support Lawyer and Alimony Attorney

Experienced New York Alimony Lawyer

When a couple decides to divorce, one spouse may ask for alimony or spousal support. In many cases, this is a reasonable request and the amount may be negotiated and agreed upon by the couple or ordered by the court. Whether alimony is warranted is based on the couple’s unique financial situation and history and is separate from any division of marital assets. 

Unfortunately, the subject of alimony can be highly contentious between divorcing spouses. Although divorce is seldom a smooth and painless experience, having an experienced New York alimony attorney in your corner can help make it as stress-free as possible. 

If you and your spouse are having difficulty agreeing on spousal support, we can help. At the law offices of Juan Luciano Divorce Lawyer, we have dedicated our careers to making the divorce process as simplified and amicable as possible while still offering aggressive strategies to ensure that your legal and financial rights are being thoroughly represented.

5

We are here to help

What Is the Purpose of Alimony?

Alimony is when one spouse provides some form of financial support to the other during or after a divorce. This is done to provide financial balance to the divorcing couple and help limit any adverse economic effects to the spouse who is the lower wage earner. In many cases, the court will seek to continue the same standard of lifestyle that the couple enjoyed during the marriage while still considering the financial changes that the divorce will bring in the way of income and tax implications.  In cases of high net worth divorce especially, these matters can become complex.  To speak with top-rated New York alimony attorney Juan Luciano, call today: 212 537 5859

What Types of Alimony Are Available in New York?

There are several types of alimony in New York. They are temporary support, rehabilitative support, permanent support, and reimbursement support. What type of support may be awarded will be dependent on the couple’s individual situation and financial factors.

 

Temporary alimony may be temporarily awarded during the divorce process, before the divorce is final, to ensure that one spouse is still receiving necessary support for specific financial needs. It is only awarded for a finite period of time.
Rehabilitative spousal support is also temporary and is commonly awarded to a spouse when there is a significant difference in income. Rehabilitative support enables the lower-earning or non-earning spouse to continue their education or job training to be successful in the workforce and become self-supportive. Rehabilitative alimony is often awarded when one spouse has stayed home to raise children.
Permanent alimony may be awarded when one spouse has stayed out of the workforce for the majority of the marriage to manage the home and family. Permanent spousal support may be awarded after a long-term marriage, one in which there is a significant disparity in income between the spouses, or when one spouse is unable to work or is in poor health.
Reimbursement spousal support can be awarded when one spouse supported the other throughout their higher education or training so they could enhance their income. This type of alimony compensates the supporting spouse for their contribution during this time.

Many factors will be considered in determining alimony during a divorce process. The court will consider factors such as:

  • The income of each spouse
  • Any assets or property
  • The health and age of each spouse
  • Spousal contributions in the home
  • Reduced earning ability of a spouse due to parental obligations
  • What kind of lifestyle they enjoyed as a married couple
  • The earning capacity of each spouse
  • How long the couple was married

Depending on financial need, alimony may be awarded to either spouse, not just the woman. Today, either spouse may be the primary wage-earner and the other spouse may be entitled to alimony, depending on the individual factors involved.  Every alimony case in New York is different, contact us today to set up an appointment with an experienced spousal support lawyer (212) 537 5859

What Factors Are Considered By the Court in Awarding Alimony in New York?

Like child support, the state of New York has guidelines for judges to use when determining spousal support awards. There are two formulas, one for couples with children and one without. Both formulas are based on net income with some allowable adjustments. But this formula only applies to net income of $184,000 or less. 

If you are a spouse who is considering asking for spousal support or one who may be subject to paying alimony in New York, it is recommended that you get the legal advice of an experienced New York alimony attorney to assist you and identify any factors that may benefit you.

How Is Alimony Determined?

Working With Top Rated NYC Alimony Lawyer

Divorce is complicated and stressful enough. Alimony is often one place where tensions can run particularly high. Having the right New York alimony attorney can ease those tensions. Alimony can be successfully negotiated before the court gets involved if done skillfully and strategically. Juan Luciano Divorce Lawyer has dedicated his career to families in the crossfire of divorce, skillfully navigating partners toward mutual goals that will enable them to go into the future. Contact us for a consultation.

Protect your future

Call Now Button