Brooklyn, NY – Alimony, also known as spousal support payments, are determined in the state of New York by a number of different factors. Anyone who is the process of getting divorced should take the possibility of long term alimony seriously, as it can have a devastating effect on their quality of life if these payments are required for years or decades. Legal representation is the best way for anyone involved in a divorce dispute to get professional help, and have an experienced individual advocating on their behalf for hearings related to alimony and other important divorce issues.
Legal determinations related to alimony
Alimony payments are divided into two categories. These are temporary maintenance payments and post divorce spousal maintenance payments. The temporary payments are only those which are paid out while the divorce is ongoing. Any of the post divorce payments must come from an order made by the judge after the proceedings have ended and the final divorce order is in place. While most post divorce payments made to a spouse are only for a certain duration of time, it is possible that after a divorce the judge can order permanent maintenance if there is little possibility of the lower earning spouse becoming financially self sufficient or learning job skills after being separated after a long term marriage.
The judge who has discretion over an alimony case in New York has wide latitude related to order alimony to be paid from one spouse to another. The payments will be ordered for one year for each three years that the marriage lasted as a general rule. For example, a nine year marriage would require the higher earning spouse to pay three years of alimony payments in most cases.
Amounts of alimony payments
The math to figure out an alimony amount in New York is somewhat complex because it factors in the income of both spouses, along with a cap set by statutory law. The attorneys and judges involved often use calculators, but the quick explanation is that alimony is based on a percentage of the higher earning spouse’s income. There are deductions based on things like social security and Medicare that come out of everyone’s paycheck, yet as a general rule the payments will be approximately 20% of the higher earning spouse’s income or less after many divorces. Anyone who is concerned about making alimony payments should get specific figures from their lawyer.
Getting assistance from a divorce attorney in Brooklyn
There are family law lawyers who can assist individuals who are going through a separation with issues related to alimony and other common problems. Elliot Green Law Offices is available to provide professional guidance to people in Brooklyn who need legal help.
Firm contact info:
32 Court Street, Suite 404, Brooklyn, NY, 11201