Spousal Maintenance/Alimony

The Fathers’ Rights Association of New York State

Maintenance, also called alimony in some other states, is a specified amount of money to be paid to an ex-spouse in the case of a divorce or the execution of a separation agreement. In New York, maintenance may be awarded for a fixed or indefinite period of time. In any event, maintenance would be terminated upon the death of either party or if the dependent spouse remarries.

A Long Island, New York divorce lawyer who is experienced in protecting fathers’

in regards to issues involving maintenance will be highly beneficial to the outcome of your case. If you are a father who is considering a divorce or legal separation and may seek maintenance or may face paying maintenance to your spouse, you will need a lawyer on your side to protect your rights and interests. The court will make the decision regarding maintenance/alimony amounts, but your lawyer will play a major role in asserting your position and helping you reach the outcome that you are hoping for.

Fathers’ rights are a relatively new concept and therefore aggressive representation is a must if you want to have the chance to have your rights and interests as a father protected in family court proceedings. Determination of spousal support can be difficult. The court may look to many factors in determining spousal support amounts and the length of time that this will last (however, specific determinations will vary from court to court and jurisdiction to jurisdiction).

These factors may include:

• Income and assets of both parties
• The length of the marriage
• The age and health of both parties
• The earning potential of both parties
• How long it would take the dependent spouse to become financially independent, if possible
• Children
• Contributions of the dependent spouse to the career and livelihood of the wage earner
• Tax ramifications
• Any reduced earning capacity
• Standard of living that was established during the marriage

Important Note on Spousal Maintenance & Tax Implications

The spousal maintenance calculator used here on this site and by tens of thousands of individuals in New York State does not account for recent changes in the tax law. In 2017, the United States Congress decided that spousal support payments should no longer be tax deductible for the individuals paying spousal support. In contrast, those who are being paid spousal support can no longer be taxed by the federal government on the spousal support income they’re receiving. At the state tax level in New York, however, spousal support income is still taxable and payers of spousal support are able to report them as tax deductible.

Any court-ordered spousal support arrangement established after December 31st, 2018 is subject to this change at the federal level. This means the courts will have to consider the tax implications on the spousal support order, which may affect the outcome in a manner that isn’t able to be accounted for by the spousal support calculator you see here.