Our New York family law attorney at Alatsas Law Firm handles many different types of family law concerns, including prenuptial agreements, divorce, child custody and visitation, child support, and spousal support. Our goal is to help you better weave through the maze of procedure and bureaucracy that exists in a large institution like the Family Court so you can move forward with confidence.

Alatsas Law Firm is conveniently located for residents of Brooklyn, Queens, and Staten Island. Our ground floor office is handicapped accessible with a subway stop and two bus lines nearby. We know that dealing with legal issues affecting your family can be stressful, but we will proactively work to provide you with peace of mind as you move forward. If you’re in need of assistance with a divorce or family law concern, contact us today to schedule a free, no-obligation initial consultation.  Download our intake form, fill it out, and bring it to the consultation to get started.

When is Spousal Support Applicable During a Marriage in New York?

If you are in the process of getting a divorce and have a limited income, alimony may be on your mind. Alimony, also known as spousal support, gives money to the spouse who earns less money so he or she can get back on their feet. This money helps spouses get the training and skills they need to live independently post-divorce.

Alimony laws are complicated. Each state has different laws regarding how much spousal support a spouse can receive and for how long.

In New York, there are three types of alimony. Permanent alimony pays for food, clothing, housing, and other needs. Restitutional alimony repays a spouse for schooling and training. Our Brooklyn divorce attorney explains that rehabilitative alimony is the most common form of alimony and is used to help a spouse develop or refresh job skills so he or she can become self-sufficient.

Who Pays Alimony?

Alimony is used to help a spouse with fewer resources live the same lifestyle that he or she enjoyed while married. This means that the higher wage earner is typically the one who will pay alimony to the other spouse. Gender is not a factor, salary is the determining factor in alimony payments.

Alimony is not an element of every divorce, though. The goal of alimony is to help an underemployed spouse become self-supporting. Therefore, if both spouses work and make the same amount of money and there are no children to support, alimony may not come into play.

How Much Alimony Will I Receive?

Spousal support payment amounts in New York are based on a formula. You can find out how much alimony you can expect to receive by using this calculator.

In New York, alimony does not last forever unless you qualify for permanent alimony. A spouse asking for this type of alimony must prove his or her need. Otherwise, the amount of time you will receive it is based on the length of your marriage. New worksheets and guidelines came into play in 2015.

For marriages lasting up to 15 years, payments can last for up to 30 percent of the length of the marriage, or for as long as 4.5 years. If your marriage lasted 15-20 years, then alimony may last up to 40 percent of the marriage, or eight years. For marriages lasting beyond 20 years, a spouse could pay alimony for 50 percent of the length of time. Therefore, alimony could last for 10, 15 or 20 years or even longer.

Also, if either spouse dies, or if the spouse receiving alimony remarries, the alimony payments will end.

Work with a Spousal Support Lawyer in Brooklyn

Spousal support laws are complicated. If you have been a stay at home parent or have earned less money than your spouse over the course of the marriage, you may be entitled to receive spousal support. Brooklyn family law attorney Theodore Alatsas ESQ can help you understand what forms of compensation you are entitled to receive in a divorce. Contact him to schedule a free consultation. Call his office at (718) 233-2903.

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Ted Alatsas
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Trusted Brooklyn, New York Family Law Attorney helping NY residents with Elder Law and Asset Protection
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