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Spousal Support
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New York City Spousal Support Attorney
Divorce in New York City typically involves many difficult financial questions. In some divorces, alimony or spousal support comes into play when one of the divorcing spouses has relied on the other for income and financial support during the marriage. If you are facing the prospect of divorce and need a New York City spousal support lawyer, the attorneys at the Law Offices of Robert Tsigler, PLLC, are here to help you.
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Why Trust the Law Offices of Robert Tsigler, PLLC?
At the Law Offices of Robert Tsigler, PLLC, we understand what is at stake during divorce proceedings. Your family is never just another case file to us. When we consider your case, we think about the real implications of the outcome for you and your children.
Our Approach
At the Law Offices of Robert Tsigler, PLLC, we can help anyone facing a divorce understand alimony and spousal support in greater detail, so they know what to expect from their proceedings. Whether you are expecting to pay spousal support or need it after your divorce, our family law attorneys can help.
When you need an experienced legal advocate to handle your spousal support issues in your divorce, it’s vital to choose a NYC divorce attorney who has solid experience handling difficult financial issues in divorce. At the Law Offices of Robert Tsigler, PLLC, Attorney Tsigler and his legal team have successfully represented clients facing all types of spousal support issues, both as payers and recipients.
No matter how spousal support or alimony comes into play in your divorce, our team will advocate for a fair and reasonable outcome as we guide you through your divorce proceedings.
What Is Spousal Support?
Divorce is commonplace in the United States today. As of 2023, the state of New York had a divorce rate of 2.4 per 1,000 residents. When people get divorced, spousal support is often part of the divorce agreement. Also commonly called alimony, spousal support is money paid from one spouse to another following the spouses’ divorce. This money should provide the recipient with the financial support they need to thrive after their divorce.
Alimony and spousal support determinations typically hinge on the divorcing spouses’ financial situations, such as their individual income levels, amounts of separately held assets and properties, and their ability to continue earning a living after divorce.
Most alimony arrangements function on a monthly basis. The judge may decree that payments continue for a predetermined time or until the recipient meets specific criteria. It’s also possible for a recipient to lose future alimony funds if they perform a terminating action, such as moving in with a new partner or remarrying.
How Is Spousal Support Determined in NYC?
If you believe spousal support will come into play in your divorce, it’s important to know how the court will make a spousal support determination. When a judge rules on spousal support in your divorce, some of the factors the judge will consider might include the income levels of both spouses, the age and medical conditions of the spouses, and the length of the marriage.
Permanent Alimony
Permanent alimony may be awarded in some rare situations, particularly when the recipient cannot earn a living on their own due to age, medical complications, or disability. However, most New York family court judges use a sliding scale based on the marriage’s length to determine how long alimony payments last.
For example, in a marriage lasting less than 15 years, a judge may award alimony for 15% to 30% of the length of the marriage. In a marriage that lasted 15 to 20 years, the judge may award alimony for 30% to 40% of the length of the marriage. For a marriage lasting 20 years or more, the judge might award alimony for as much as 59% of the length of the marriage.
It is important to note that the purpose of alimony is not to punish the paying spouse. Rather, the purpose is to make divorce more equitable and accessible and to remove financial barriers to leaving unhealthy marriages. A person should not be obligated or de facto forced to stay in a marriage because their spouse earns more money than they do.
Terminating Actions and Spousal Support Obligations in NYC
When you are compelled by the court to pay alimony to your ex, you must continue making payments per your agreement until the agreement’s term ends or the recipient performs a terminating action. The alimony agreement will outline possible terminating actions, which generally include remarriage, cohabitation with a new partner, or earning over a certain income threshold.
Once a recipient has performed a terminating action, the payer may cease making payments. If there is any dispute about whether a terminating action has occurred, the divorced spouses may need to revisit the issue in court to determine whether spousal support must continue.
Why You Should Hire a Spousal Support Lawyer
Although it is legal to handle divorce proceedings on your own, without legal representation, it is always advisable to hire a spousal support lawyer if you think your divorce may involve alimony. An experienced attorney with a deep knowledge of New York divorce laws and alimony practices can help you advocate for yourself during alimony negotiations, creating a higher potential for a fair and equitable settlement that adequately serves your needs.
In ideal circumstances, you and your spouse would be able to come to an agreement regarding alimony without help from an outside party. In these cases, your lawyer can simply review the agreed terms and help you determine whether or not they are legally sound. Unfortunately, many divorces are not so easily settled.
If you and your spouse cannot agree on divorce terms, including alimony, you may need help from a mediator to reach common ground. In contentious cases in which mediation does not result in a solution, spouses may need to resolve the alimony question through litigation, during which your attorney can represent you and advocate for your interests.
FAQs About New York City Spousal Support Lawyer
What Court Handles Divorce Cases in New York City?
In the state of New York, divorce cases, including decisions about alimony, are handled by the Supreme Court of New York. The Supreme Court is housed in various county courthouses around New York in order to effectively serve all of the people in the state. For example, for Staten Island residents, divorce proceedings are handled by the Richmond County Supreme Court, which is located at 26 Central Avenue in Staten Island.
How Much Does an Alimony Attorney Cost in New York City?
The cost to hire an alimony attorney in New York City can be variable. Some cases are more complex than others, and attorneys typically bill clients based on the time they spend working on the case. Attorneys set their own hourly rates, and many require an up-front fee called a retainer to begin serving a client. Remember that a seasoned attorney is an invaluable asset in divorce proceedings.
Are All Assets Equally Divided in New York Divorce Cases?
No, not necessarily. In some states, assets are divided directly down the middle when a couple gets divorced. In New York, this is not the case. Instead, assets are divided in a way the court deems equitable and fair based on a number of factors, including each spouse’s income, earning potential, domestic contributions, and more.
Can I Still Be Required to Pay Alimony if My Spouse Cheated?
Yes, generally, you may still be required to pay spousal support even if your spouse cheated, and that infidelity led to the divorce. In some cases, the fact that one spouse cheated may be considered when deciding alimony if the cheating led to financial losses. For example, if the cheating spouse was spending a lot of the couple’s money to carry on their affair, the court may consider that when making a decision about alimony.
Find Your NYC Alimony Attorney Today
At the Law Offices of Robert Tsigler, PLLC, we can provide comprehensive, compassionate, and responsive legal representation as your NYC divorce attorneys. Contact us today to schedule a consultation with our team and learn more about how spousal support may come into play in your divorce case.
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Getting representation as soon as possible following any Spousal Support-related charge is the best way to promote a positive result from a subsequent trial. Only an experienced New York Spousal Support lawyer can successfully defend your case.
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