When a marriage comes to an end, one of the most crucial aspects that needs to be addressed is spousal support. In the past, it was common for one spouse to bring in the income while the other maintained the house and cared for the children. After a separation, one spouse would be significantly worse off, and the spousal support they received was meant to help them survive and get back to normal.
This is a form of financial assistance, designed to help maintain a certain standard of living for a spouse who is financially dependent on the other. At The Law Offices of Diron Rutty, LLC, our team of experienced spousal support attorneys understands the complexities and sensitivities surrounding this topic. We are dedicated to helping our clients navigate through it fairly and favorably.
Who Can Receive Spousal Support?
In New York, spousal support can be awarded to either spouse regardless of gender. It is not limited to only one spouse being the breadwinner anymore since both spouses may contribute in different ways to the marriage. It’s how each spouse contributed to the marriage that’s considered.
The court will consider a variety of factors when determining eligibility for spousal support. This can include:
- The length of the marriage: Short-lived marriages mean that the lower-earning spouse hasn’t gone a long time relying on someone else. The courts will consider this.
- Each spouse’s financial resources and needs: If a spouse is in a situation where they won’t be able to support themselves even after their assets are divided, the courts will consider this.
- Their contributions to the marriage: If one spouse has provided more to the marriage in terms of assets, child-rearing, and more, the court will consider this.
How is it Calculated?
Unlike child support, there is no set formula for calculating spousal support in New York. The courts have to take various factors into account. This means there’s no set way to accurately predict the cost before the courts decide it. There are only factors that the courts have utilized sometimes in the past. It is important to note that it is not designed to punish one spouse or reward the other. Rather, it aims to provide support and bridge any financial gaps.
When determining the amount and duration of spousal support, the court may take into account several factors. These include:
- The age and health of each spouse
- The earning capacity of each spouse
- Education or training expenses
- The standard of living established during the marriage
- The duration of the marriage
- Acts by one party against another that have inhibited or continue to inhibit a party’s earning capacity or ability to obtain meaningful employment, such as acts of domestic violence or career sabotage
- The present and future earning capacity of both parties
- The availability and cost of medical insurance for both parties
- The care of dependents – such as minor children, disabled adult children, elderly parents/in-laws – that was provided during the marriage that may not inhibit a party’s earning capacity
- The tax consequences to each party
- The equitable distribution of marital property
Every case is unique, and the court’s decision will reflect the specific circumstances of each spouse. If you are dealing with spousal support issues, consult with a knowledgeable attorney for personalized guidance.
Duration of Spousal Support
The duration of spousal support can vary greatly depending on the unique circumstances of each case. In some instances, it may be temporary until the receiving spouse can become self-sufficient. In other cases, it may be permanent if the receiving spouse is unable to support themselves due to age, illness, or disability. The court may also order a specific time frame for spousal support payments to be made.
Contact Our Spousal Support Attorneys For Help Today
At The Law Offices of Diron Rutty, LLC, our attorneys understand that every case is different and requires personalized attention. We are committed to advocating for our clients’ best interests and helping them achieve fair and favorable outcomes regarding spousal support and completing the necessary forms.
Contact us today for a consultation and let us guide you through this complex area of family law. Let our experienced team of attorneys help you navigate the intricacies of spousal support with compassion and dedication.