Spousal Support

Spousal support, also referred to as alimony, is a monetary payment from one spouse to another.  Spousal can be awarded by the court before a divorce is finalized, after a divorce is finalized, or both.  This financial support maintains a “standard of living” that both spouses had become accustomed to during the marriage.  Spousal support pays for things such as housing, lost income, food, and medical expenses.   

Usually, spousal support does not last forever.  Support is generally awarded for a designated period of time and under specific conditions.

Spousal Support Circumstances
The court does not order spousal support in every divorce case.  When the court has to decide whether a spouse should receive spousal support, it takes several factors into consideration.  These factors are:

• The duration of the marriage.
• The age of the dependent spouse.
• The health of the dependent spouse.
• The income of each spouse.
• The potential earning capacity of each spouse.
• Which spouse has custody of the children (if any).
• Assets and debts of each spouse.
• The behavior of each party during the marriage.
• The contribution of each spouse as a homemaker.

Types of Spousal Support  
In the state of New York, there are three different types of spousal support that can be awarded.  These types of spousal support are called permanent support, rehabilitative support, and restitutional support. 

Permanent support is paid until the death or remarriage of the dependent spouse.  In some cases, this support can be terminated once the dependent spouse shares a household with another person.

Rehabilitative support is very common.  It is usually awarded if the dependent spouse is younger or capable of becoming financially self-sufficient in the near future.  Rehabilitative support can pay for the dependent spouse’s education so that they can enter/re-enter the work force and become financially independent.

Resitutional Support is temporary in nature and pays for less than the standard of living established during the marriage. 

New York Divorce Attorneys
If you are going through a divorce, it is to your benefit to speak with a skilled family law attorney who understands New York spousal support law.  At the Law Offices of Scupp & Berman, LLP, our attorneys have over 20 years experience with matrimonial cases.  When you work with our law offices, you will receive the knowledge, attention, compassion, and professional legal representation you need to be comfortable throughout your spousal support matter. 

Our initial consultations are free of charge so that you can seek the guidance you need without having to spend money on unjustifiable fees. 

Contact The Law Offices of Scupp & Berman, LLP
(516) 683-1990

The Law Offices of Scupp & Berman, LLP proudly serves clients throughout New York in Long Island, Garden City, Suffolk County, Nassau County, and Mineola.