New York Spousal Support Attorney Serves the Boroughs and Long Island
Under the divorce laws of the State of New York, spousal support is known as "maintenance" and is a common and complex issue in many divorce cases.
Spousal maintenance can be awarded in two ways:
- pending the outcome of the divorce (pendente lite) to allow a spouse to maintain the financial status quo until the divorce is resolved
- at the conclusion of divorce proceedings on a temporary or permanent basis. This is typically awarded in longer-term marriages where there is a significant difference in earnings between the two parties.
*Note: There is no formula by which the court bases its determination of whether or not to award maintenance, how much that maintenance amount will be, or how long it should continue.
Courts decide spousal support or maintenance on a case-by-case basis, taking several factors into consideration, including:
- The income of the respective parties
- The presence of children in the home of the party seeking spousal maintenance
- The parties' ages
- The earning capacity of each spouse
- The length of the marriage
The spousal support attorneys at The Kepanis Law Firm will work with accountants and experts to ensure that all accounting is handled accurately and meticulously. Once it is determined that spousal maintenance is appropriate, then the amount of the maintenance payment needs to be determined, as well as the length of time that maintenance will be paid.
*Note: Under New York divorce laws, lifetime spousal maintenance is extremely difficult to obtain. The courts usually limit maintenance to a fixed period of time with the expressed purpose to help the other party develop the skills to become self-supporting.
To ensure that you receive the best possible amount to help you re-establish your life following a divorce, get The Kepanis Law Firm spousal support attorneys working for you. We will help you calculate a fair and sufficient amount of spousal support (maintenance).
Tax Implications of Spousal Support (Maintenance) Payments
Under New York tax laws, spousal support is considered income and must be claimed when filing federal income tax returns. Generally, the spouse that pays support may deduct the payments.
In the case of remarriage, loss of a job or decrease in income for either party, spousal support orders can be modified. Only an experienced divorce lawyer, and one that is familiar with New York's spousal support laws, can successfully negotiate strategies most beneficial to your situation. The divorce lawyers at The Kepanis Law Firm work with clients seeking financial support from their spouses or ex-spouses, and defending spouses being ordered to pay support. In either case, we work to ensure that the agreement is truly equitable.
Contact the Kepanis Law Firm today for an initial consultation or case evaluation today. We serve clients in the counties of Nassau and Suffolk, as well as New York's five Boroughs.