Spousal Support

Will There Be Spousal Support?

Negotiation or Litigation of Spousal Maintenance in Your Divorce or Separation

Long Island divorce attorneys The Pollack Law Firm, P.C.,  provides experienced counsel to protect your financial interests in seeking or challenging spousal support, which was formerly known as “alimony” in New York State.

Long Island divorce attorneys The Pollack Law Firm, P.C. knows that the only way to truly control the outcome on the issue of paying or receiving spousal support and the duration of such payments, is by working to negotiate this issue as part of a global divorce settlement. If the Court would be likely to grant spousal support in your case, our office can advise you on whether it would be in your best interest to attempt to negotiate this issue or to seek the Court’s intervention and have the Justice determine the amount and duration of maintenance.

Some Primary Considerations in New York for Spousal Maintenance Awards

  • Age, health and any special needs of a party
  • Disparity in incomes
  • Earning capacities/employment skills
  • Accustomed standard of living achieved during the marriage
  • Child-rearing or homemaking
  • Length of the marriage
  • Loss of health insurance benefits

Unlike property distribution, the conduct of a spouse and the grounds for divorce may be considered in determining spousal support. In addition, either men or women can be awarded spousal maintenance from the other spouse.

New York Temporary Support and Ongoing Maintenance

The amount of maintenance is most closely tied to the incomes of each party and his or her financial independence. The Court may award temporary support while a divorce is pending and recent legislation provides a formulaic approach for dealing with this issue. In the final property division and separation agreement, the Court may continue maintenance as:

  • Permanent support until the recipient’s death, remarriage or cohabitation. This is more common in marriages of 15, 20 or more years and dependent on the respective ages and health of the parties, among other factors.
  • Rehabilitative support for a finite period (usually one to three years) so the “non-moneyed” career.

For a free and confidential consultation on this or any other issue, please call Long Island divorce attorneys The Pollack Law Firm, P.C., at 516-938-3330.