Long Island Spousal Support Lawyer
When it comes to Long Island, New York spousal support, there is much more to consider than just money. While financial support is a significant aspect, several other factors come into play. Understanding these factors is crucial for both parties involved in a divorce. Let’s explore some key considerations related to spousal support in Long Island, New York.
1. Monthly Wage and Payment Schedules
Spousal support is typically based on the defendant’s monthly wage. Regardless of the plaintiff’s monthly bills, the court can only order a specific amount of money to be paid by the defendant. However, payment schedules can become more complicated when children are involved.
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(212) 300-5196If the defendant has custody of the children more than the plaintiff, the court may lower the spousal support payments. The presence of children adds an additional layer of complexity to the calculation of spousal support.
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Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.
After 18 years of marriage, your spouse filed for divorce and is demanding permanent spousal support, claiming they gave up a nursing career to raise your three children. You earn significantly more but believe they are capable of returning to work and becoming self-sufficient.
How will a Long Island court determine whether I have to pay spousal support and for how long?
Under New York Domestic Relations Law § 236, courts consider multiple factors when awarding spousal support, including the length of the marriage, each spouse's income and earning capacity, age and health of both parties, and whether one spouse sacrificed career opportunities for the family. For an 18-year marriage, the court may apply the durational guidelines under the 2015 maintenance reform, which could result in support lasting 30% to 40% of the length of the marriage. However, the court also evaluates your spouse's ability to become self-supporting, and may order rehabilitative maintenance that decreases over time as they re-enter the workforce. An experienced Long Island spousal support attorney can help present evidence of your spouse's employability to argue against a permanent award.
This is general information only. Contact us for advice specific to your situation.
2. Health Insurance
In today’s time, health insurance can further complicate spousal support arrangements. The court may order the defendant to keep the plaintiff on their health insurance for a specified period or consider it as part of the spousal support payment. In such cases, the defendant becomes responsible for any copayments associated with the plaintiff’s health insurance.
