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Law Office of Richard Roman Shum, Esq., PLLC.
Going through a divorce in Manhattan can be emotionally taxing and financially challenging. Transitioning from a shared household to individual lives often results in significant financial adjustments for many couples. While some partners manage to maintain their financial independence during marriage, most find themselves facing new economic realities post-divorce. Under New York law, a financially dependent spouse may seek financial support—commonly referred to as spousal support or alimony—until they can secure financial independence.
At The Law Office of Richard Roman Shum, Esq., our highly skilled Manhattan spousal support attorneys, led by top-rated attorney Richard Roman Shum, help individuals tackle spousal support and maintenance in New York. Whether you are initiating a petition for alimony, anticipate being a payor, or have other divorce-related legal needs, our experienced team is here to provide personalized legal guidance and support.
For personalized legal assistance and to learn more about your options, contact The Law Office of Richard Roman Shum, Esq. at (646) 259-3416 to schedule a free consultation. Our top-rated Manhattan divorce lawyer stands ready to advocate for your financial interests and help you achieve a stable post-divorce future.
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THE ASSURANCE OF PEACE OF MIND.
In New York, spousal support is financial assistance that one spouse may be ordered to provide to the other during or following a divorce. Often referred to as spousal maintenance or alimony, spousal support is designed to help a financially dependent spouse maintain an adequate standard of living during and after a divorce. It acknowledges that one partner may have sacrificed career advancement and earnings potential to support the family or the other spouse’s career.
The primary goal of spousal support is to mitigate the economic effects of a divorce by providing continuing income to the non-wage-earning or lower-wage-earning spouse.
The legal guidelines for spousal support in New York are detailed and designed to achieve fairness in the financial responsibilities among divorcing spouses. The state uses a formula to suggest the amount of support, taking into account different factors. The courts have the discretion to adjust this formula based on the circumstances of each case to ensure that the support awarded is just and appropriate.
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Under New York law, the terms “alimony,” “spousal support,” and “spousal maintenance” are often used interchangeably, but they refer to the financial support paid from one spouse to another during and after a divorce. However, the distinctions between these terms are more about terminology and less about their practical implications. Here’s a breakdown of how these terms are used and understood:
| Term | Definition | Key Legal Distinctions |
|---|---|---|
| Alimony | Traditional term for financial support paid by one spouse to another during or after a divorce. | Historically used, but less common in modern New York law; replaced by “spousal maintenance.” |
| Spousal Support | Broad term for payments made during or after divorce, including temporary and post-divorce support. | Includes support during the divorce process and aligns with contemporary legal terminology. |
| Spousal Maintenance | Payments made by one ex-spouse to another after the finalization of a divorce. | Specifically refers to post-divorce financial support, governed by New York’s legal formulas. |
Traditionally, the term “alimony” has been used nationally to refer to payments made from one spouse to the other during or after a divorce. Historically, alimony was seen as a husband’s payment to his wife, reflecting older societal and economic models of marriage. In modern legal contexts, including in New York, this term is less frequently used and has largely been replaced by “spousal maintenance” or “spousal support.”
“Spousal support” is a broader term that generally refers to payments made by one spouse to another either during the divorce process or after the divorce has been finalized. In New York, spousal support can be categorized further into temporary and post-divorce.:
“Spousal maintenance,” also known simply as “maintenance” in New York, specifically refers to payments made from one ex-spouse to another following the finalization of a divorce. This term is the contemporary equivalent of what was traditionally known as alimony. New York law provides clear guidelines for determining the amount and duration of spousal maintenance, using formulas based on the income of the parties and the length of the marriage.
While the terms may vary, in New York, “spousal support” and “spousal maintenance” are the more commonly used terms in legal settings, with “spousal maintenance” being used specifically to refer to post-divorce financial support. The choice of term does not typically change the legal implications but reflects modern shifts in how marital relationships are understood and legislated.
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The determination of spousal support in New York is influenced by a variety of factors intended to ensure a fair and equitable financial arrangement between divorcing spouses.
The length of the marriage is a primary factor in spousal support determinations. Generally, longer marriages may result in longer or more substantial support orders, reflecting the extended period of economic interdependence and shared financial expectations.
Courts will carefully review the current income and property of each spouse. This includes wages, investments, and any tangible assets. The goal is to understand the financial landscape of each party to appropriately balance the support arrangement.
Evaluating both the current and anticipated future earning capacities of each spouse is crucial. This consideration helps the court determine how each spouse can be expected to support themselves post-divorce and the necessity for support to bridge any disparities.
The contributions made by a spouse as a homemaker or towards the other spouse’s career advancement are highly relevant. These contributions are often recognized for their value in supporting the family unit and sacrificing personal career growth, which can justify a need for compensatory support.
The age and health of each spouse are also critical factors, especially when considering long-term needs for support. Poor health or advanced age may limit earning capacity, increasing the need for sustained financial support
If you are in the middle of a divorce and need guidance on spousal support issues or want to understand your rights before initiating divorce, the skilled attorneys at The Law Office of Richard Roman Shum, Esq. can provide you with the necessary legal assistance. Our team can advocate for your rights and help you achieve a fair and adequate spousal support arrangement.
Contact The Law Office of Richard Roman Shum, Esq. today at (646) 259-3416.
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In contemporary divorce law, the approach to alimony has evolved beyond historical gender biases, recognizing that either spouse can be eligible for spousal support, regardless of gender. This shift reflects broader societal changes where both spouses are likely to be economically active.
Nowadays, a significant number of women serve as the primary earners in their households, especially as more women participate in the workforce and achieve higher education levels. As a result, the dynamics of spousal support have adjusted, increasing the likelihood that men might qualify for alimony. Despite these changes, men still form a smaller proportion of those receiving spousal maintenance.
Courts now base the decision to award spousal support on a set of financial and other relevant factors linked to the specifics of the marital dissolution, rather than on gender. This means that if a father demonstrates a financial need, a lower earning capacity than his spouse, or has made substantial contributions to the marriage that impacted his career or earning potential, he may be awarded spousal support. This is particularly true for fathers who have taken on primary caregiving roles for their children.
The focus in determining eligibility for spousal support is squarely on the economic realities that follow a divorce. Fathers who find themselves needing financial assistance to maintain a stable standard of living after divorce are encouraged to seek alimony in the same manner as mothers. Fathers in such situations are advised to consult with a knowledgeable divorce attorney. At The Law Office of Richard Roman Shum, Esq., our experienced team understands the nuances of the law and stands ready to help fathers explore their options for support based on their unique circumstances.
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In New York, spousal support or alimony—referred to as “maintenance”—is determined using statutory formulas that consider the incomes of both spouses and, when applicable, child support obligations. These guidelines aim to establish fair and consistent support amounts during and after divorce proceedings.
When child support is not a factor, the court utilizes two calculations to determine the maintenance amount:
The lower result from these two calculations is the presumptive annual maintenance obligation.
For example, if the payor earns $100,000 and the recipient earns $50,000:
Here, the lower amount is $10,000, which would be the annual maintenance awarded, equating to approximately $833.33 per month.
In cases involving child support, the percentages adjust to account for the additional financial responsibilities:
The lesser of these two amounts determines the annual maintenance obligation.
For instance, with the same incomes as above:
In this scenario, the lower amount is $7,500, resulting in an annual maintenance of $7,500, or $625 per month.
New York law imposes an income cap on the payor’s income when applying these formulas. As of 2024, this cap is set at $203,000. Income exceeding this cap is not automatically included in the formula; however, courts have the discretion to consider additional income based on various factors, such as the standard of living during the marriage and each spouse’s financial needs.
The duration for which maintenance is awarded is influenced by the length of the marriage:
These percentages serve as guidelines, and courts may adjust the duration based on specific circumstances, including the recipient’s ability to become self-supporting and the presence of health issues.
Understanding these statutory formulas is crucial for anticipating financial outcomes in divorce proceedings. At The Law Office of Richard Roman Shum, Esq., our Manhattan spousal support attorneys are dedicated to providing personalized guidance through this process. Contact us today to schedule a consultation and learn how we can assist you in achieving a fair maintenance arrangement.
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In New York, spousal support is structured in various forms to accommodate the diverse financial circumstances and needs of divorcing or separating spouses. This section outlines the different types of spousal support that can be awarded under New York law, including temporary (pendente lite) support, rehabilitative support, permanent support, and reimbursement support. Each category serves a unique purpose, reflecting the state’s commitment to providing tailored financial assistance during and after marital proceedings.
Temporary spousal support, or pendente lite support, is awarded to provide financial stability during the divorce process. It is designed to maintain the financial status quo of the lower-earning spouse until a final order is issued. This type of support is crucial for covering immediate living expenses and legal costs, ensuring that the spouse with lesser income is not financially disadvantaged while the divorce is ongoing.
In New York, post-divorce spousal support, often referred to as spousal maintenance, can be categorized into two primary types: durational maintenance and non-durational or permanent maintenance. Each type serves different purposes and is awarded based on the specifics of each case, including the length of the marriage and the financial independence of the receiving spouse.
Durational maintenance is temporary and is awarded for a specific period. The purpose of this type of maintenance is to allow the receiving spouse time to become self-sufficient. The duration of durational maintenance is usually influenced by the length of the marriage and is often guided by statutory guidelines which suggest appropriate lengths of time for the maintenance award. For example, for marriages lasting fewer than ten years, the maintenance might be awarded for 15% to 30% of the marriage’s length.
Non-durational or permanent maintenance is less common and is generally reserved for longer marriages or situations where the recipient spouse is unlikely to become financially independent due to age, health conditions, or other significant factors. This type of maintenance does not have a set end date and continues indefinitely. However, it can be modified or terminated based on significant changes in circumstances, such as the remarriage of the recipient spouse, substantial changes in financial status, or the death of either party.
Both types of maintenance are calculated based on a formula set by New York law, which considers the income of both parties, the needs of the recipient, and other relevant financial factors. The court has discretion in deciding the amount and type of maintenance, ensuring it is fair and appropriate based on the unique circumstances of the divorce case.
Additional types of support that may be awarded in a divorce include the following:
Rehabilitative spousal support enables the receiving spouse to acquire job skills, education, or training necessary to obtain employment that will allow them to support themselves post-divorce. This type of support is common when one spouse has foregone career opportunities or education during the marriage to support the household or raise children, thus needing time and resources to develop employable skills. Rehabilitative support is usually time-bound, often set around specific goals or timelines, such as the completion of an educational program or reentry into the workforce.
Reimbursement spousal support is designed to compensate a spouse for contributions made towards the other spouse’s financial or professional advancement during the marriage. This form of support is essentially a way to ensure fairness by recognizing the economic sacrifices one spouse made for the other’s benefit, which contributed to an increase in earning potential for the latter. Reimbursement can be paid in a lump sum or over a specified period, depending on what the court finds just and appropriate.
At The Law Office of Richard Roman Shum, Esq., our Manhattan spousal support lawyers can provide you with skilled representation in negotiating your spousal support and maintenance.
Contact The Law Office of Richard Roman Shum, Esq. at (646) 259-3416 to schedule a complimentary consultation or fill out our online form.
Changes in circumstances or the fulfillment of certain conditions can lead to the modification or termination of spousal support orders in New York. A spousal support or maintenance order may be modified or terminated if there has been a substantial change in circumstances since the order was issued.
This could include:
To request a modification of spousal support, the party seeking the change must file a petition with the court that originally issued the support order. This petition must clearly outline the significant changes in circumstances that justify the modification. The court will then review the petition and decide whether the changes are sufficient to warrant an adjustment to the support terms.
In New York, spousal support is generally terminated when the recipient remarries. Cohabitation can also impact spousal support if the cohabitating partner substantially supports the recipient financially. Each case will be evaluated on its specifics, but cohabitation can lead to a reduction or termination of support if it results in a significant improvement in the recipient’s financial situation.
Enforcing spousal support orders is crucial for ensuring that the financial agreements decided upon by the courts are respected and followed. If a party fails to comply with a spousal support order, the other party can seek enforcement through the court. Measures such as income garnishment, liens on property, or other legal penalties can be applied to enforce support orders.
Modifying or terminating spousal support in New York involves tackling specific legal criteria and procedures. If you are facing significant changes in your life that may affect your spousal support arrangement, or if you need assistance enforcing a spousal support order, the attorneys at The Law Office of Richard Roman Shum, Esq. are prepared to help. With their comprehensive understanding of family law in Manhattan, they can provide the support and representation you need to manage your spousal support issues effectively. Contact The Law Office of Richard Roman Shum, Esq. to protect your financial interests and ensure compliance with all relevant legal standards.
Understanding the tax implications of spousal support is crucial for both the paying and receiving spouses. Since tax laws can significantly affect both parties’ financial health, it’s important to consider how spousal support payments are treated under current tax regulations.
Under the Tax Cuts and Jobs Act of 2017 (TCJA), the federal treatment of alimony underwent significant changes. For divorce agreements executed after December 31, 2018, alimony payments are no longer deductible by the payer, nor are they considered taxable income by the recipient at the federal level. This change aligns with how New York State treats alimony for tax purposes. However, these changes are set to expire in 2025 when the law is set to sunset.
The state-level treatment of taxation for alimony follows how federal law worked before the changes enacted under the TCJA (TCJA). On a state level, under NY Tax Law § 612, spousal support is treated as tax-deductible for the paying spouse, and recipients are required to pay taxes on any spousal support payments they receive as they would their income.
Proper documentation is essential for both parties involved in spousal support arrangements. Keeping detailed records of all payments made or received, including dates, amounts, and methods of payment, is critical. These records serve as proof of compliance with the terms of the spousal support agreement and are invaluable in the event of disputes or audits by tax authorities.
If you have concerns about the tax implications of paying or receiving spousal support, consulting with a knowledgeable spousal support lawyer in Manhattan could be beneficial. Richard Roman Shum, a New York City spousal support lawyer, offers experienced legal advice to individuals facing divorce, focusing on issues related to alimony to help protect their interests.
To discuss your situation and understand more about your spousal support options, you can reach out to The Law Office of Richard Roman Shum, Esq. Schedule a free consultation by calling (646) 259-3416 today.
Law Office of Richard Roman Shum, Esq., PLLC.
Whether you are potentially receiving or required to pay spousal support, partnering with a seasoned Manhattan spousal support attorney is crucial to ensure your rights are safeguarded and your interests are thoroughly represented in matters of spousal support and maintenance.
Richard Roman Shum, a distinguished spousal support lawyer based in Manhattan, offers quality guidance in negotiating, filing, and enforcing spousal support orders. At The Law Office of Richard Roman Shum, Esq., our dedicated team focuses exclusively on providing top-tier legal support and representation to individuals dealing with divorce and other family law-related concerns. We stand ready to advocate for your rights and assist you every step of the way.
To discuss your spousal support concerns and explore your legal options, contact us at (646) 259-3416 and schedule a free consultation with our Manhattan spousal support attorneys today. We are here to provide the tailored support you need during this challenging time.
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