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New York Divorce Blog

Blog 2023 January Wondering if You Are Entitled to Spousal Support?
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Wondering if You Are Entitled to Spousal Support?

Posted By Lois M. Brenner, Esq. || 27-Jan-2023

As a divorce attorney and mediator for more than 35 years, I hear this question from nervous spouses all the time. “Will I get spousal support? How long will it last? Will I be able to have the same lifestyle I had while I was married?”

Spousal support can be a little tricky. Did you know spousal support is not guaranteed? Did you know spousal support (alimony) can be paid by husbands or wives?

The purpose behind spousal maintenance is to provide support for a period of time and/or allow a spouse with significantly less income to maintain a lifestyle similar to the one they enjoyed during the marriage.

Many factors are considered when determining whether you are entitled to spousal support. Some of them are:

  1. income and property of the couple;
  2. length of the marriage;
  3. age and health of both parties;
  4. earning capacity of the couple;
  5. presence of children of the marriage;
  6. distribution of marital property;
  7. the wasteful dissipation of assets;
  8. and other considerations named in the statute.

The spouse receiving spousal support is generally expected to become self-supporting at some point.

New York State now has guidelines used by judges and lawyers to help determine the amount and length of spousal support.

With more than 35 years as a divorce attorney and mediator, I have helped many spouses get the spousal support they need. I can help you too.

Particularly in the mediation process there can be room for negotiation. Sometimes a couple will agree that instead of paying or receiving support, there will be a lump sum property settlement, which has different tax implications.

Call me if you would like to get an estimate of what your spousal support might be. I will be happy to do those calculations for you.

All our FREE 1 HOUR CONSULTATIONS are still available virtually!

Call me now, New York Divorce Lawyer, Lois Brenner, to book your free consultation. 212.734.1551

I look forward to going over the details of your spousal support.

Warm regards,

Lois

Categories: Spousal Support

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Lois M. Brenner, Esq.

Lois M. Brenner, Esq. New York Divorce Attorney 12 East 86th St,
Suite 1230,
New York, NY 10028

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(646) 663-4546


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