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NYC Spousal Support Lawyer - Alimony and Spousal Maintenance

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 as NYC spousal support lawyers and divorce attorneys to making the divorce process simplified and amicable. We can also offer aggressive strategies, if needed, to ensure that your legal and financial rights are being thoroughly represented.

As experienced Manhattan divorce lawyers, we may be able to help you understand spousal support orders or help you create an agreement that will be beneficial to you. Contact our law office today at (212) 537 5859 to schedule a consultation with our top-rated spousal support attorneys.

Spousal Support Attorney Juan Luciano Explains 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. 

At the law office of Juan Lucian Divorce Lawyer, our team of NYC lawyers is well-versed in handling matters related to the maintenance and support of a spouse. We may be able to help you create a New York City spousal support agreement and help you understand your roles and responsibilities in the agreement. To speak with top-rated New York alimony attorney Juan Luciano about spousal maintenance and other divorce or family law matters, contact our law office at (212) 537 5859.

Spousal Support, Spousal Maintenance, and Alimony in NYC

You may hear terms such as spousal maintenance, spousal support, and alimony when discussing payments for spousal support with your ex-spouse in NYC. These terms may be used interchangeably. However, they refer to different items in New York. 

Spousal Support is a payment that a court grants to one spouse for support while the marriage is still valid. This is quite a common occurrence. The awarding of spousal support may occur when the spouses are separated or are preparing for divorce. However, it can also happen if one person in the marriage fails to meet a financial obligation to the other.

Spousal maintenance payments refer to spousal support payments that are ordered to continue after the divorce is made final. 

Alimony is the official term used by other states to refer to the aforementioned types of payments. However, New York does not use alimony as an official term. Because alimony is such a common term, some New York attorneys may use it to talk to clients in terms they are familiar with.

Our highly qualified team of Manhattan alimony lawyers at the law office of Juan Luciano Divorce Lawyer may be able to help answer your questions about the legal aspects and confusing terminology about alimony and spousal support. Contact us today to schedule a consultation. 

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Divorce Lawyers at Kucher Law Discuss the Different Types of New York Spousal Support

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 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.

Factors Considered by the Court in Awarding Alimony or Spousal Support in New York

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 at (212) 537 5859.

Payment Method for Alimony or Spousal Maintenance in New York

The court will usually order the spouse paying support to pay it periodically, typically monthly. The court will not interfere if the spouses make an agreement to pay support and in what way they want to pay it to the receiving spouse (i.e. a monthly direct deposit). However, if the parties cannot agree on the payment method, the judge will often create an income withholding order to make sure that payments are made as promised.

Income withholding allows the employer of the spouse to directly deduct the payments from the employee’s wages and send them to the spouse. The spouse who is not paying can file a court complaint and ask for assistance in collecting past-due payments if the paying spouse fails to pay their obligation.

Sometimes, the parties may agree to a lump sum payment of support. In this case, the payor will pay the entire amount on a specified date. A lump-sum support can be a great option for some spouses because they won’t have to wait for a check every month. However, most couples don’t have the financial resources to pay a large amount at the end of a divorce.

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How Long Does Alimony Last?

Alimony provides financial support for the beneficiary to help them become financially independent, Alimony is usually a long-term arrangement. Alimony usually has a duration that allows the receiving spouse to achieve financial independence. New York judges will start deliberations on the duration of alimony they should award using an advisory non-compulsory schedule. The length of the marriage is usually used to determine the duration of the alimony.

Judges may use an advisory schedule provided by New York to determine how long alimony will be paid. This table lists the percentage of time that the couple has been married. If the judges use other factors to determine the duration of the alimony, they may not use the advisory schedule. 

Contact Manhattan spousal support attorney Juan Luciano today at (212) 537 5859 to schedule a consultation regarding alimony and spousal support 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 someone 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 divorce attorney or spousal support lawyer to assist you and identify any factors that may benefit you.

Determining the Amount of Alimony

Divorce Lawyer Juan Luciano Explains the Tax Consequences for Alimony

For divorces that were finalized before December 31, 2018, spousal maintenance payments are considered taxable income for the recipient partner and deductible on federal taxes for the paying partner. However, the 2017 Tax Cuts and Jobs Act states that maintenance payments made after January 1, 2019, are no longer exempt from federal tax and can be attributed to income.

New York’s state tax law is different from the federal tax law. NY Tax Law § 612 states that alimony payments can be deducted for the spouse paying them and count as income for the spouse receiving them. This can be quite confusing for those who are not well-versed with the law surrounding taxes and spousal support. This is why it is important to seek the help of an experienced spousal support attorney when dealing with matters surrounding alimony. 

The law office of Juan Luciano Divorce Lawyer has years of experience helping families deal with matters surrounding alimony and spousal support as well as other family law matters. Attorney Juan Luciano may be able to help you understand your roles and responsibilities when it comes to paying or receiving spousal support in NYC. To schedule a consultation, contact us today. 

Working with a Top Rated NYC Spousal Support Lawyer

Divorce is complicated and stressful enough. Alimony and spousal support are often places where tensions can run particularly high. Having the right New York alimony attorney can ease those tensions in the divorce process. 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. Our law firm may also be able to help you with other family law issues such as child custody and child support. Contact our law office today at (212) 537 5859 to schedule a consultation.

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