Alimony Payments

What is alimony?

Alimony is a payment one spouse makes to another during or after a divorce. The payment is for the support and maintenance of a spouse either at one time or continuous payments. It is paid by a “supporting spouse” to a “dependent spouse.” The idea behind alimony payments is that when a dependent spouse (one who has less income than the other spouse) must depend on the other spouse for maintenance and support.

Alimony in New York State

In New York State, alimony is now called “maintenance.” New York has a new temporary maintenance system which is only paid while the divorce is pending. Temporary maintenance cannot granted without addressing and asking the court for it and is not automatically granted. Furthermore, alimony is not available in an uncontested divorce, which is a divorce with no fighting.Temporary maintenance is typically much easier to calculate than permanent maintenance.

According to the New York State Law the court must consider the following factors before granting alimony in court:

• The income and property of both parties including marital property.
• Length of the marriage.
• Age and health of both parties.
• Present and future earnings capacities.
• Possible need of one party in need of education or training expenses.
• The ability of the dependent spouse to become self-supporting and how long that will take.
• Presence of and care of children. 
• Tax consequences to each party.
• Distribution of marital property.

The amount of alimony varies dependent on these factors along with some others unlisted. If the dependent spouse has committed acts of illicit sexual behavior, the supporting spouse is not required to pay any money in terms of alimony. If the supporting spouse has also done such acts, the court is then permitted to award alimony. Lastly, if only the supporting spouse has committed such acts, then the court must award alimony. 

Alimony and taxes

Alimony is different from child support as it is money provided above granted money. Child support is a simple calculation by guidelines set by the state while alimony is by the discretion of the judge. Alimony is tax deductible to the person who is paying it and is included in the taxable income of the dependent spouse. Child support is not tax deductible or taxable on either end. Some spouses will find there is more advantages to paying alimony before bringing it to court. 

Always remember, each case is unique. Just because your case sounds similar to another one does not mean the courts will grant the same outcome. The attorneys at Simonetti & Associates, rated Long Island’s Best Divorce Lawyer for three years in a row, understands your needs on an individual basis and are here to provide high-quality legal representation.

Voted Long Island’s Best Divorce Lawyer with over 28 years of experience in Divorce, Child Custody, Adoption, Same-sex divorce, Pre- and postnuptial agreements, Father’s rights, Separation agreements, Protection orders and Meditation. To help keep your legal costs at a minimum, call 877-385-2560.

Divorce Trends

Divorce is an unappealing option to couples facing issues in their relationship, but it may be the best option in many cases. There are some trends of divorce that are significant to point out.

There is an overwhelming belief that couples are getting divorced at an increasing rate, but the reality is that the divorce rate is actually decreasing. Less couples are considering and committing to tying the knot, which, in turn, has decreased the divorce rate.

Another surprising statistic is that women tend to be much happier after the divorce. More than half of divorces are initiated by women and it makes sense as to why they are more happy afterwards. While child custody and spousal abuse could are two major reasons why women are more likely to ask for a divorce, economic independence can also be seen as a contributing factor.

Statistically, the largest amount of couples getting a divorce are people over the age of 50. This can be because couples tend to marry at a later age so in turn they choose to divorce at a later age. Older people are also more likely to have been previously married, therefore increasing the chances of them getting another divorce.

Factors such as religion, age, education, and location can also have an impact on a marriage. It has been found that couples who are married after the age of 25, have a religious affiliation, a child after they get married, a higher income, and a college education are less likely to file for divorce. West coast residents also seem to see a higher divorce rate than couples on the other side of the country.

With these trends in mind, it is always important to remember to weigh the outcomes of a divorce, whether they be positive or negative, and to make sure that the best decision is being made.

Voted Long Island’s Best Divorce Lawyer with over 30 years of experience in Divorce, Child Custody, Adoption, Same-sex divorce, Pre- and postnuptial agreements, Father’s rights, Separation agreements, Protection orders and Meditation. To help keep your legal costs at a minimum, call 877-385-2560.

Maintenance Law

Maintenance law refers to alimony or spousal support and has been awaiting revisions in New York for quite some time now. The revisions have recently passed in the State Senate and Assembly by wide margins and the governor is expected to sign them into law soon. The changes coming into play include revised amendments in order to create a new formula for determining the temporary maintenance awarded to the spouse with less money while the divorce is pending. The new amendment will also base maintenance awarded in the final judgment of divorce on the new formula as well.

The formula usage in determining maintenance in the final judgment of a divorce is something new from the law that exists now. Without a formula, both parties in the divorce are left to wonder the amount of maintenance that will be awarded as determined by the court and various qualitative factors. It is up to the court to decide the amount of maintenance based on subjective factors and there is usually disagreement on how to apply those factors.

With the use of a formula, there is less pressure on the court to decide the amount and duration of the maintenance and will allow for cases to be settled much easier. People will know what to expect at the trial and will be able to settle the case more easily with the formula in place. The formula under the new law will also benefit the spouse with more money as it has a much lower cap on the amount of income that will be used. The spouse with more money will have to pay lower maintenance awards in the case that they are the non-custodial parent or if there are no children.

With this new formula, hopefully cases will be able to be settled more easily and both parties will be satisfied with the outcome.

Voted Long Island’s Best Divorce Lawyer with over 30 years of experience in Divorce, Child Custody, Adoption, Same-sex divorce, Pre- and postnuptial agreements, Father’s rights, Separation agreements, Protection orders and Meditation. To help keep your legal costs at a minimum, call 877-385-2560.