Will I Be Awarded Spousal Support After My Divorce?
Temporary spousal support is awarded by agreement or at the discretion of the judge to permit the non monied spouse to either defend or prosecute the divorce litigation. Our divorce attorneys in Garden City NY can petition the court for temporary alimony prior to the dissolution of your marriage. The interim order can give you and your children much needed support prior to the distribution of your marital assets and liabilities, and level the playing field. Either party may be awarded attorneys fees when applying for an interim order.
Divorce is time to plan your future. All the property you acquired while you two were married has to be inventoried and equitably distributed. Equitable means fair not exactly equal. Marital assets and debts will be allocated to you or your spouse. The duration of your marriage is a major factor in the distribution of your assets. Although the amount of alimony you can receive is based on numerous factors, such as the income of the parties, the duration depends upon the length of the marriage.
Permanent alimony has become more difficult to obtain. Courts are becoming more sensitive to the right s of the monied spouse to be able to retire upon reaching social security age. The amount of permanent alimony/maintenance is calculated based upon a combined income of no more than $184,000.00 per year. Although the law is helpful in advising clients with incomes within the guidelines, it is more difficult to guide those in the higher tax brackets, since the guidelines do not apply to them. In addition, since January 1, 2019, alimony on a Federal level, is no longer tax deductible to the payor spouse. We have yet to see how this will affect support awards.
Call or contact our Martindale AV Preeminent family law attorneys for an initial consultation if you’re in the process of divorce in Long Island, Nassau or Suffolk County, New York. Fass & Greenberg, LLP divorce attorneys in Garden City, New York, devote their entire practice to matrimonial and family law. Our attorneys limit their caseload to give you their undivided attention.