Alimony and Spousal Maintenance Attorney in New York, New York

Negotiating Spousal Support

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Spousal support can always be negotiated if both parties are willing to enter into negotiations over spousal support. One thing that one wants to consider when a spousal support obligation arises in a case is whether or not the other side would prefer to have marital property as opposed to a month payment every month.

With that said, the other issue that you want to think about is as the earner, do you want the tax deduction associated with spousal support as opposed to giving away the property. Which you may need because you’re closer to retirement.

Ultimately, it’s a balance between what both parties want. If both parties are equally happy or equally unhappy, then you’ve reached an agreement that’s probably going to last a lifetime.

New York, NY divorce attorney, Ken Jewell talks about whether or not someone can negotiate on the issue of spousal support. He mentions that spousal support can always be negotiated if both parties are willing to engage in discussions. One key consideration when a spousal support obligation arises is whether the other party would prefer receiving marital property outright rather than monthly payments.

He also notes that the paying spouse must consider the tax implications—whether it is more beneficial to claim the tax deduction associated with spousal support rather than transferring property, which may be especially important if the earner is approaching retirement.

Ultimately, it comes down to balancing the needs and preferences of both parties. If both sides feel reasonably satisfied—or equally dissatisfied—with the agreement, it is likely to be a settlement that endures over time.

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