Goshen Spousal Support Lawyer
In a divorce, one of the most contentious elements is having to pay alimony. It’s not a factor in every marriage, but it can be found in many marriages, especially when there is a disparity in income.
Alimony works by redistributing the income between the spouses. Alimony is a monthly payment paid from one spouse to another. The higher-earning spouse makes payments to the lower-earning spouse. Either spouse can be male or female. A husband or wife can be the one making the payments. Both payers and recipients have legal rights and responsibilities when it comes to alimony.
Contact a Goshen spousal support lawyer from The Law Office of Robert S. Sunshine, P.C. and we’ll help you deal with the legal and financial issues involved.
Determining Alimony Payments
Each state is different when it comes to alimony. New York is a middle-of-the-road state in this area. It uses a mathematical formula to determine how much a person should pay. Judges may follow one of these three calculations
- Income of both spouses multiplied by 0.4 and subtracting the recipient’s income
- 30% of the payer’s income and subtracting 20% of the recipient’s income
- 20% of the payer’s income and subtracting 25% of the recipient’s income
A judge must use the lowest amount of the three formulas.
The goal of alimony is to help a spouse become self-supporting. Some alimony awards are indefinite, which means that they last for an undetermined amount of time. Others are durational and last a fixed period of time. Here are some examples of how long durational alimony may last:
- For marriages that lasted 0 to 15 years, support should last 15%-30% of the length of the marriage. So for a marriage that lasted nine years, alimony may last up to three years.
- For marriages that lasted more than 15 years to 20 years, support should last 30%-40% of the length of the marriage. So for a marriage that lasted 20 years, alimony could last 6-8 years.
- For marriages that lasted more than 20 years, support should last between 35%-50% of the length of the marriage. If you were married for 40 years, you could be paying alimony for 20 years.
Alimony awards can change at any time, though. If the recipient spouse suddenly comes into a windfall or obtains a high-paying job, alimony may cease. Also, there are two conditions in which alimony ends: either spouse dies or the recipient spouse remarries.
Contact The Law Office of Robert S. Sunshine, P.C. Today
Alimony is a controversial topic. People love receiving it, but nobody likes paying it.
Still, you cannot avoid your obligations. Learn about the alimony laws in New York by contacting The Law Office of Robert S. Sunshine, P.C. We can assist you with modifications and other aspects of alimony. Schedule a consultation with a Goshen spousal support lawyer today by filling out the online form or calling (845) 735-1300.