Will Spousal Support be a Part of Your Divorce?
Spousal support (known as maintenance in New York) is available after divorce in certain circumstances. However, unlike child support, spousal support is not set in stone as to amount or even whether it is awarded. Instead, the court will award spousal support based on factors such as:
- The length of the marriage
- The ability of the recipient spouse to support himself or herself
- The assets each party will have after the divorce
- The living expenses of both the payer and recipient spouse
- The lifestyle enjoyed during marriage
- Whether the recipient spouse gave up opportunities during the marriage
- Who is taking care of the children
Either the husband or wife may be awarded spousal support based on the disparity between their assets and income. In most cases, support is considered rehabilitative, meaning that it is paid for a period of time to enable the lower-income spouse to become self-sufficient.
Attorney Andrew A. Bokser can guide you through the process of determining spousal support in New York. With offices in Brooklyn and Garden City, he represents clients in family law cases throughout the New York City area, including Nassau and Suffolk counties.
Tax Treatment of Spousal Support
Unlike child support, spousal support is taxable to the recipient and tax-deductible to the person paying the support. Depending on your financial circumstances, it may provide a tax advantage to provide spousal support in lieu of dividing other assets such as a 401(k) plan.
Discuss Spousal Support With Family Lawyer Andrew A. Bokser
To discuss the facts of your spousal support case with attorney Andrew A. Bokser at our Brooklyn or Garden City law office, call 718-834-1904 or fill out our contact form. Evening appointments are available.
