In October 2010, New York created a new formula to govern alimony payments, or spousal support as it is referred to. The overall goal of this formula is for the receiving party to be able to become financially independent after the separation. Spousal support is only paid for short duration while the receiving party becomes stable, although, in some rare circumstances, some courts may rule to make the payment indefinite.
There are two main factors that the court reviews in determining the support amount: 1) each partyâ€™s average income; and 2) the standard of living that the support party was accustomed to during the marriage. If one party makes a substantially higher amount than the other party, then the court will review other factors. Some of these additional factors include the duration of the marriage, age and health of each of the parties, partyâ€™s present and future earning potentials, and each partyâ€™s education, training, and career opportunities.
These additional factors help the court determine what the standard of living for the couple was during the course of the marriage. Of course, the court has full discretion to review other factors as well to the ones listed.
If a person is seeking spousal support, it is important that they be represented by an experienced family attorney who knows and understands the law. Although the New York court is willing to grant spousal support, it is not awarded unless properly petitioned for.
At the law offices of Jayson Lutzky, P.C., we have helped thousands of satisfied clients. Mr. Lutzky has 30 years of experience in the area of family law. If you are considering divorce or are seeking an attorney regarding child support, paternity, visitation or spousal maintenance, you should contact our office at (800) 660-5299. Mr. Lutzky offers free initial in person consultations. For further information, please visit our website,Â www.MyNewYorkCityLawyer.com.