Alimony

NYC Alimony Lawyer

Fair Spousal Support Solutions

30%
Of Divorces Include Alimony
$203K
Income Cap for Formula
5-7
Years Average Duration
85%
Settle Without Trial

Strategic Alimony Representation in NYC

Alimony (spousal maintenance) can significantly impact your financial future for years after divorce. Whether you're seeking support or defending against excessive demands, our experienced attorneys fight for fair and reasonable outcomes based on New York law and your specific circumstances.

Types of Spousal Support in New York

Temporary Maintenance: During divorce proceedings
Durational Maintenance: Post-divorce for set period
Permanent Maintenance: Rare, for long marriages
Rehabilitative Support: For education/training
Reimbursement Alimony: For supporting spouse's career
Lump Sum Payment: One-time buyout option

Key Factors Courts Consider

Income & Assets

Current earnings and property of both parties

Marriage Length

Longer marriages often mean longer support

Age & Health

Physical ability to work and earn

Future Earning

Education, skills, and employment prospects

New York Maintenance Guidelines

  • Formula for marriages under 15 years: 15-30% of marriage length
  • Formula for marriages 15-20 years: 30-40% of marriage length
  • Formula for marriages over 20 years: 35-50% of marriage length
  • Income cap of $203,000 for formula application (2024)
  • Court discretion for high-income cases above cap
  • Temporary maintenance uses different formula
  • Duration ranges from 15% to 50% of marriage length
  • Deviation factors allow adjustment from guidelines

Building Your Alimony Case

1Financial Documentation

Gather tax returns, pay stubs, and expense records

2Lifestyle Analysis

Document marital standard of living

3Future Needs Assessment

Project reasonable future expenses

4Negotiation Strategy

Develop realistic goals and alternatives

5Court Presentation

Present compelling case if settlement fails

Reasons to Modify Alimony

Job loss or income reduction
Retirement at appropriate age
Recipient's remarriage or cohabitation
Significant health issues
Substantial income increase
Completion of education/training

Protecting Your Financial Future

Alimony negotiations require careful strategy and thorough preparation. Our attorneys understand both sides of alimony disputes and use this knowledge to achieve favorable outcomes, whether through negotiation or litigation. We fight to ensure support orders are fair, reasonable, and sustainable.

Tax Considerations (Post-2019)

  • Alimony is NOT tax-deductible for payer
  • Alimony is NOT taxable income for recipient
  • Pre-2019 agreements maintain old tax rules
  • Consider tax impact in negotiation strategy
  • Structure payments for optimal tax treatment
  • Review impact on overall financial planning

Frequently Asked Questions

How long will I have to pay alimony?

Duration depends on marriage length. For marriages under 15 years, typically 15-30% of the marriage duration. For 20+ year marriages, it could be 35-50% of the marriage length or potentially permanent.

Can alimony be modified?

Yes, alimony can be modified upon showing substantial change in circumstances such as job loss, retirement, health issues, or the recipient's remarriage or cohabitation.

How is alimony calculated in NYC?

New York uses statutory formulas considering both parties' incomes up to $203,000. For income above the cap or when deviating from guidelines, courts consider 20+ factors including standard of living and future earning capacity.

Can I avoid paying alimony?

While you may not avoid it entirely, you can minimize it through strategic negotiation, proving short marriage duration, demonstrating spouse's earning capacity, or negotiating lump-sum buyouts or property offsets.

Ready to Protect Your Rights?

Get experienced legal representation from NYC's premier divorce attorneys

SPODEK LAW GROUP

TREATING YOU LIKE FAMILY SINCE 1976

HOW CAN WE HELP YOU?

24/7 Free Consultation • No Obligation Case Review

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