Help With Spousal Maintenance Issues

Spousal support is also known as maintenance and is determined based on a variety of different factors. Recently, New York passed a law that gives the courts guidelines in awarding not only temporary maintenance but also permanent maintenance. In either case, spousal support can have many different outcomes and it is very important to consult an experienced New York spousal maintenance lawyer for advice.

Contact Andrew A. Bokser by calling 718-834-1904 for an initial consultation. Andrew A. Bokser has over 34 years of experience in divorce law and provides a level of personal service that many other firms cannot match. He is familiar with all courts in the New York City Metropolitan area, including Manhattan, Brooklyn, Queens, Bronx, Staten Island, Nassau and Suffolk.

Will Spousal Support Be A Part Of Your Divorce?

Spousal support (known as maintenance in New York and referred to as alimony in other jurisdictions) is available on a temporary and basis during a divorce in certain circumstances. It can also be awarded by a court on a fixed or permanent basis at the conclusion of the marriage. Over the last several years, the New York State Legislature has made several substantial changes in the areas of spousal support. The many factors considered by a court in awarding maintenance include:

  • The length of the marriage

  • The ability of the recipient spouse to support him 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

The statute also set down a formula to be employed by the court. This formula can be rejected if the court finds that the application of the formula leads to an unfair result. 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 such that they can become self-sufficient. Recent changes to New York divorce laws will impact spousal support. Having an experienced New York attorney on your side who can explain what the changes in the law may mean for your case is now more important than ever.

Tax Treatment Of Spousal Support

Through 2017, spousal support was taxable to the recipient and tax-deductible to the person paying the support. The recently passed Federal Tax Reform Act reclassified those payments under the tax code. The change did not change any divorces filed prior to 2018. However, there may be changes in the treatment of spousal support going forward depending on the final version of the tax bill.

Call Today For A Consultation

If you have an issue regarding spousal support, call our Brooklyn law firm at 718-834-1904 or email Mr. Bokser at [email protected] for an initial consultation. 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.