Alimony and Spousal Maintenance Attorney in New York, New York

Spousal Support

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One question I frequently hear is whether or not spousal support will be paid to the other spouse. And how is that calculated and for how long? Spousal support in New York, since January 2016, has been calculated by formula. It takes into account whether or not there is going to be child support paid.

It is a two-pronged formula that takes into account the payer’s income, meaning the person who’s earning the money, and what we would call the lesser moneyed or the non-moneyed spouse’s income. It isn’t a direct payment largely based on the payer spouse, but also includes the non-moneyed spouse or the recipient spouse’s income as well to offset the amount that the payer spouse would otherwise have to pay.

New York, NY divorce attorney, Ken Jewell talks about how New York courts determine the amount and length of spousal support. He often hears the question of whether spousal support will be paid to the other spouse, and if so, how it is calculated and for how long. In New York, since January 2016, spousal support is determined by a formula that also considers whether child support will be paid.

The formula works on two levels, taking into account both the income of the paying spouse—the one earning the money—and the income of the receiving spouse, or the non-moneyed spouse. It is not based solely on the payer’s income; rather, it offsets the amount owed by factoring in what the recipient spouse earns.

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