NEW YORK CITY & WESTCHESTER SPOUSAL SUPPORT ATTORNEY
Helping Families Resolve Spousal Support Issues
Spousal support is an order for temporary or permanent support paid by one spouse to another in order to maintain the standard of living for a spouse that earned less money during the marriage. Spousal support is what used to be called alimony, paid primarily by husbands to their wives that stayed home to care for the families children in lieu of outside work. Spousal support is now gender neutral and usually temporary, with each spouse expected to increase their earning capacity and become financially independent as soon as possible. Of course, after a very long term marriage spousal support can be awarded lifetime or until you are of retirement age – 70 years old. If you’re wondering if you’re entitled to spousal support or if you are likely to be ordered to pay it to your spouse, you can count on GourariLaw to help you understand your rights and responsibilities.
Will I Have To Pay Spousal Support?
If your business or salary has been the sole or main source of income for your family, it’s likely that you will have to pay spousal support for some period of time. How much and how long you will have to pay will depend on the following factors:
- Marriage length;
- Your spouse’s age, educational level and health;
- Cost of education and training to improve your spouse’s earning potential;
- Whether caring for young children will decrease your spouse’s earning capacity; and
- Whether contributions by your spouse as a homemaker and child care provider increased your earning capacity.
Even if your spouse was never employed during the marriage, if they have prior education and experience, the court will expect them to eventually become financially independent.
Am I Entitled to Spousal Support?
If you haven’t been working outside the home or you’ve been earning much less than your spouse, you can expect to collect spousal maintenance for some period of time, but usually not more than five years. If you have been caring for young children, you may be awarded spousal support until your children are school age, but you’ll be expected to begin training to re-enter the workforce. Lifetime spousal support is rarely ordered by courts in New York and only in extreme situations where a spouse is unlikely to ever be self-supporting. If you’re contemplating divorce and believe you’re entitled to spousal support, call GourariLaw for personalized attention to your spousal support issues that will help you resolve them as quickly as possible.