Manhattan spousal support attorney Richard Roman Shum (https://www.romanshum.com/blog/what-is-spousal-support/) of the Law Office of Richard Roman Shum, Esq., provides a comprehensive overview of spousal support, commonly known as alimony. Shum emphasizes that spousal support is financial assistance one spouse pays to the other after their marriage ends, aiming to help the financially dependent spouse transition from a dual-income to a single-income household.

The Manhattan spousal support attorney clarifies that spousal support is not about gender roles but focuses on each spouse’s financial security post-divorce. It also serves to support spouses who managed the household or delayed their careers to care for the family, enabling them to seek employment that maintains their standard of living. In New York, a no-fault divorce state, fault-based grounds are not required for a spouse to be awarded spousal support.

The terms “alimony” and “spousal support” are often used interchangeably. Traditionally, “alimony” referred to post-divorce payments, while “spousal support” pertained to payments during separation or divorce proceedings. Manhattan spousal support attorney Richard Roman Shum notes that modern legal language treats these terms as synonymous, representing financial assistance from the more financially stable spouse to the other during or after a divorce.

Calculating spousal support in New York involves specific guidelines. If the non-custodial parent is responsible for both child and spousal support, the payment amount is determined by deducting 25% of the payee’s income from 20% of the payor’s income. For example, if the payor earns $100,000 per year and the payee earns $50,000 per year, the spousal support would be $7,500 per year or $625 per month. If child support is not involved or the custodial parent is providing spousal support, the payment amount is calculated by subtracting 20% of the payee’s income from 30% of the payor’s income. In the previous example, the spousal support would be $20,000 per year.

There are restrictions on spousal support amounts based on the couple’s combined income. The calculation involves subtracting the payee’s income from 40% of the couple’s joint income. If the result is less than the spousal support calculated earlier, the payee will receive the lower amount. In the previous example, the maximum spousal support would be $10,000 per year (or $833.33 monthly payments) when child support is not involved.

In New York, spousal support must be calculated before determining child support payments to help ensure that parents’ incomes accurately represent their monthly financial resources. If spousal support obligations reduce an individual’s income below the annual “self-support reserve” amount (which was $18,347 in 2022), payment amounts may be lowered accordingly. If the payor’s income exceeds the “income cap” (which was $203,000 in 2022), spousal support calculations only apply to income up to that limit. Judges have discretion over spousal support calculations for income exceeding the cap.

Spousal support can be awarded before the divorce is finalized, typically provided by the higher-earning spouse to the other. Temporary spousal support ends once the court has decided upon terms of spousal maintenance, usually when the divorce proceedings conclude. Spousal support payments differ from child support; one can receive alimony without having a child with the ex-spouse, but the amount may be less if the payor is also paying child support.

The court uses baseline guidelines to determine spousal support but considers various factors, including each spouse’s income, assets or property owned or received during the divorce, health and age, contributions to the household, wage-earning capacity, length of the marriage, and any existing prenuptial or postnuptial agreements. In cases involving high-net-worth individuals, the court may order a deviation in the spousal support computation.

Spousal maintenance refers to post-divorce financial support a financially disadvantaged individual receives from their ex-spouse. It can be durational or non-durational. Non-durational alimony lasts until the receiving spouse remarries or either spouse passes away. Durational alimony lasts for a fixed amount of time, depending on the length of the marriage, but may be terminated upon the receiving spouse’s remarriage or the death of either spouse.

Attorney Shum advises that it is crucial to follow a spousal support order once it is issued by the court. Purposefully ignoring a spousal support order or engaging in fraudulent behavior to avoid payment can result in serious legal consequences. Before making any decisions about alimony, consulting with an experienced New York spousal support attorney is important to manage the processes involved.

Understanding spousal support is essential for individuals undergoing divorce proceedings. Attorney Richard Roman Shum’s insights provide valuable guidance on the purpose, calculation, and awarding of spousal support in New York. For personalized advice and assistance, individuals are encouraged to consult with a qualified spousal support attorney.

About the Law Office of Richard Roman Shum, Esq.:

The Law Office of Richard Roman Shum, Esq., located in Manhattan, New York, can offer legal services in family law, including spousal support, divorce, child custody, and related matters. Attorney Richard Roman Shum is dedicated to providing clients with knowledgeable and compassionate legal representation.

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