Long Island Spousal Support Attorneys Protect Your Financial Rights
Proven trial lawyers serve clients from offices in Hauppauge and Garden City
If you are going through a divorce, the question of spousal support matters a great deal for your financial future. If you expect to receive support, you want to make sure the amount you get is sufficient for your needs and allows you to maintain the standard of living you’re accustomed to. If you anticipate paying, you want any obligation to be manageable under your current income. At Tabat, Cohen, Blum, Yovino & Diesa, PC, our Long Island spousal support attorneys are prepared to help. For more than 30 years we’ve helped clients negotiate settlements and litigate the issue in court when necessary. With offices in Hauppauge and Garden City, our firm has the knowledge and skill to protect your rights and help you obtain the financial security you deserve.
Eligibility for spousal support in New York
Known as maintenance under New York law, and commonly referred to as alimony, spousal support is available to divorcing or separating husbands and wives who rely on their spouse’s income to meet their needs. The types of support a court can order include:
- Temporary spousal support — Courts can order that payments be made to a spouse during the divorce process. The recipient spouse’s legal fees for the divorce might be considered by the court when making this determination.
- Durational spousal maintenance — This type of support is designed to be rehabilitative, allowing the recipient spouse time to seek an education or training to become self-supporting. Typically, durational alimony for marriages of zero to fifteen years will last between 15 and 30 percent of the length of the marriage. For marriages of 15 to 20 years duration, support lasts for 30 to 40 percent of the length of marriage. For marriages of greater than 20 years, alimony can last between 35 and 50 percent of the length of marriage.
- Permanent spousal maintenance — Generally limited to marriages of long duration, or situations where a dependent spouse cannot be expected to become self-supporting, this is lifetime alimony. This type of alimony terminates upon the death of either spouse, the remarriage of the recipient spouse, or the recipient spouse’s cohabitation with a supporting partner.
Maintenance under New York law is not gender specific. Either spouse can request support based on financial need.
Spousal support and prenuptial agreements
Prenuptial agreements have become commonplace in New York, and many couples opt to cover alimony in their agreement. Spouses can choose to waive their right to alimony or state the amount to be paid in the event of divorce or separation. However, the court is permitted to disregard any premarital agreement depending on the overall circumstances, especially if enforcement would cause undue hardship to one spouse while unjustly enriching the other.
How is spousal support calculated in New York?
New York family law has a formula for calculating temporary support based on the income of both spouses and the amount of child support to be paid. For post-divorce alimony, there is no strict formula, but courts often use guidelines provided by the state. Factors that are used in the guideline calculation include each party’s income and the length of the marriage.
Can spousal support be modified in New York?
Either spouse can petition the court to modify a spousal support order upward or downward, based on either spouse’s changed financial circumstances. However, if a payor spouse has deliberately reduced his or her income to avoid paying alimony, the court may impute income that should have been earned and maintain the obligation at its current level.
Contact a knowledgeable Long Island lawyer to discuss your alimony issue
Tabat, Cohen, Blum, Yovino & Diesa, PC advocates for clients during discussions and legal proceedings relating to alimony. Our offices are in Garden City and Hauppauge. For an initial consultation, please call 631-587-5100 or contact us online.