Brooklyn Spousal Support Lawyer

Spousal Support in New York: What You Need to Know

In New York, spousal support is a key element in every separation or divorce. It is also determinant upon a number of factors. In most cases, spousal support is temporary and is only given while the divorce is pending. It is uncommon in New York to see spousal support going on for a long period of time. The only exception is if it is deemed permanent maintenance and the parties have been married for a long period of time. If you are going through a divorce and need more information about spousal support, you should find an attorney who is experienced in these matters.

Types of Maintenance

There are two types of maintenance: Permanent and rehabilitative.

Permanent Maintenance

Permanent maintenance is when the spouse receives payment for food, clothing, and other needs. The spouse is required to provide proof that the items are needed. The order will stay in place until the court deems it unnecessary. This is usually given until there is some other change in circumstance.

Rehabilitative Maintenance

Rehabilitative maintenance is temporary payment that is given until the spouse successfully completes some type of schooling or other vocation and can take care of themselves. The court will review all cases to determine when or if there is a change.

Determining Spousal Support

Spousal support is determined by a variety of factors. Courts are often given wide discretion on how much support the spouse needs. The court will act cautiously in order to ensure fairness for both parties. Some of the considerations are as follows:

• Length of marriage
• How spouse conducted themselves during the marriage
• Source of income and occupation of both spouse
• Contribution as a homemaker
• Skills in terms of employability
• Disclosure of assets and debts
• Future earning potential of both spouses
• The age and health of spouse
• Tax ramifications
• Is the spouse mentally or physically challenged or has any special needs

The court has the discretion to either accept or reject this statute. If the court deems the formula unfair, a ruling will be made based on the fact that there is a disparity in income between parties. Parties should also note that spousal support is viewed as rehabilitative. It is only for the short term until the other party becomes self-sufficient. This is the reason why a person should employ a lawyer to get the necessary information about spousal support. It is not cut and dry and can be somewhat complex. An experienced attorney can walk you through the process and help you come to a fair resolution.

Tax Implications

There are also taxes that should be considered with spousal support. Unlike child support, spousal support is taxable and tax deductible for the payee. This can provide a tax advantage.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Seeking Legal Assistance

If you are a spouse and would like to have more information regarding spousal support, the Brooklyn area has plenty of lawyers who could provide you assistance. These matters can be very delicate at times. It is best that both parties retain representation so they will both have the necessary knowledge. Spousal support is sometimes necessary in divorce cases. There are times when the receiving spouse is greedy and just wants extra money. But if the court deems you don’t need it, you won’t get it. Call an attorney today to get more information.