DIVORCE ATTORNEY EXPLAINS: SPOUSAL SUPPORT IN WESTCHESTER COUNTY, NY
YOUR RIGHT TO SUPPORT PAYMENTS
As is often the case in Westchester County marriages, either the husband or the wife may begin to rely upon their spouse's income and financial contributions to the marriage. When there is a divorce or separation, the party relying upon the other spouse may be entitled to receive alimony, now usually referred to as spousal support or spousal maintenance.
It should be noted that spousal support is not awarded in every case. There may be no need for spousal maintenance if both parties are employed and have the financial ability to support themselves. However, if appropriate, the amount and duration of the spousal support will be part of a formal agreement between the parties or pursuant to a court order.
During the pendency of a divorce action, the Court may impose a Temporary Order of Support that remains in affect until the matter is resolved. Whether final or temporary, the spousal support order will dictate the amount, frequency and duration of the payments from one spouse to another. Usually spousal support will continue for a specific period of time or until the spouse needing support can become self-supporting.
FACTORS CONSIDERED BY THE WESTCHESTER DIVORCE COURT
The court considers many factors when deciding spousal support (alimony) including:
- Income and property of each spouse
- Wasteful dissipation of marital assets by either spouse
- Earning capacity of each party
- Duration of marriage
- Presence of children
- Ability of party seeking maintenance to become self-supporting
- Tax consequences to each spouse
HOW THE NEW NO-FAULT DIVORCE LAW AFFECTS SPOUSAL SUPPORT
While much attention has been given to the New York No-Fault Divorce Law, often overlooked is how that law changes how temporary spousal support is awarded. The new law established a formula for the Courts to use when calculating or awarding temporary spousal maintenance in New York State.
Instead of relying on a list of factors (such as those listed above) the No-Fault Divorce Statute requires the use of a mathematical formula using the relative incomes of the parties. Importantly, the new law does not change how permanent spousal support is awarded or calculated, so the Courts will typically rely on the factors listed above.
CONTACT AN EXPERIENCED WESTCHESTER DIVORCE ATTORNEY
If you are looking to file for divorce in Westchester County or if you spouse has already had you served with divorce papers, you should contact the proven White Plains divorce attorneys of Riebling, Proto & Sachs, LLP. Our White Plains matrimonial lawyers will answer your questions, explain the process and help develop a plan for your case that is personalized to our needs.
Individuals involved in a divorce in Westchester with financial concerns and want to know more about spousal support or maintenance should contact the experienced matrimonial law firm of Riebling, Proto & Sachs, LLP. Free Consultations Available (914) 840-5104