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Same-Sex Divorce in NY: Retroactive Prior to 2011 MEA?

Same-Sex Divorce in NY: Retroactive Prior to 2011 MEA?

Same-Sex Divorce in NY: Retroactive Prior to 2011 MEA?

What Does the New York Marriage Equality Law Mean for Those Married Prior to 2011?  

Divorce laws in New York are complex, but there are always new updates that could impact your case. If you are planning to get a divorce in Long Island, NY, it’s critical that you understand the marriage equality law. This law, recently clarified by the New York Appellate Division, covers divorce for same-sex couples. Here’s what you should know.

What Is the New York Marriage Equality Act?

Sometimes called MEA, the NY Marriage Equality Act, which went into effect on July 24, 2011, made it legal for same-sex couples to marry in the state. . The law lets any opposite-sex couple marry, providing them with the same rights and responsibilities as anyone else who marries in the state. The MEA gives same-sex couples the same privileges under both city and state laws.

This allowed people of any sexual orientation to seek out a legally binding marriage license in the state and make religious or other types of ceremonies related to same-sex marriage legal.

What Happens When Same Sex Marriages End in Divorce in NY?

When a couple is married, regardless of their sexual orientation, the rules of divorce apply based on New York state law. Since July 24, 2011 this applies to same sex couples, but what about same sex couples who would have legally married sooner if the law allowed? Many of these couples who couldn’t get a marriage license prior to 2011, cohabitated, shared financial responsibilities and in all other ways behaved as though they were married (also known as Common Law marriages) and many of those couples legally married as soon as they were legally allowed. New York state has not recognized common law marriages since the 1930s, however, some same sex couples were married in religious ceremonies even though they couldn’t acquire a valid NYS marriage license.

Under a ruling filed on November 15, 2023, a four-judge panel determined that the rules of divorce should be applied retroactively. That means that a couple married years before in a recognized ceremony could file for divorce, and the division of their assets from that marriage would be handled as any other divorce in the state.

Confused? Here’s the Case Details

A case between a lesbian couple that married in a religious ceremony in 2005 was the basis for this update to the MEA. The panel of judges ruled that all of the assets the couple acquired during the marriage between the marriage ceremony date and the filing for divorce should be considered marital property.

As we’ve discussed in other posts on this site, the goal in any divorce is to divide marital property equitably, meaning that both parties receive an equitable stake (that does not mean that the assets are divided equally, though).

In this particular case, the marriage ceremony in 2005 was in front of 100 guests and was performed by a rabbi following the Jewish faith. The couple signed a Ketubah, a type of marriage contract written in Hebrew and a traditional portion of the marriage ceremony. For all purposes, then, the two were officially married in 2005, but NY state law didn’t allow for same-sex marriages for another 6 years.

When the couple decided to marry, they initially used a date in 2011 as their marriage date and were granted a divorce that allowed one party to receive temporary spousal maintenance from the other based upon that 2011 date. Later, one party sought to include assets obtained between the couple from 2005 and 2011 as marital property, leading to the question of what should occur.

How This Rule Could Impact You

The experienced divorce attorneys at Hornberger Verbitsky, P.C. in Long Island, NY, recognize that same-sex couples should have the same rights as people of the opposite sex. NY state law recognizes this. If you were married in an otherwise legally recognized ceremony, like this couple, prior to the enactment of the MEA, we encourage you to contact our Long Island, NY divorce attorneys for help.

The division of assets obtained in a marriage should be equitably split, but in same-sex marriages, the rules can be much more complicated. Don’t let your rightful assets be stripped away due to confusion over the MEA.

How Our Long Island, NY Divorce Lawyers Can Help You

Our primary goal at Hornberger Verbitsky, P.C. is to ensure each of our clients receives equitable assets in a divorce, as that directly impacts your ability to start your new life outside of the marriage with all the resources you need and deserve. Our divorce attorneys will work with you to determine how the division of assets in your case should apply. Then, we’ll seek out legal strategies that support your case.

You may be entitled to:

Every case is very different. Just living together with your significant other is not enough to prove that you were married prior to 2011. If you’re unsure if your marriage qualifies for a same-sex divorce, let us offer guidance during a free consultation and case evaluation

Set Up a Consultation with Our Long Island, NY Divorce Attorneys Now

Allow our law firm to represent you as you pursue fair division of the marital property in your same-sex marriage. At Hornberger Verbitsky, P.C., our veteran Long Island, NY divorce attorneys will work side-by-side with you to ensure the best possible outcome in your case. Contact us now at 631-923-1910 or complete our online contact form to learn more about your same-sex marriage divorce under New York State law.

GET YOUR FREE CONSULTATION TODAY
Call 631-923-1910 or fill in the form below

Get your complimentary consultation and case evaluation with our experienced attorneys today.

Your attorney will describe the many options available and determine together which is the right solution for you. By the end of this  conversation, we’ll all understand how we can best help you to move forward.

No Cost or Obligation

There is no cost or obligation for this initial consultation. It is simply an opportunity for us to get to know each other, answer your questions and learn if Hornberger Verbitsky, P.C. is right the right law firm for you. Give us a call at 631-923-1910 or fill in the short form below for your free consultation and case evaluation.

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About the Author

Robert E. Hornberger, Esq., Founding Partner, Hornberger Verbitsky, P.C.

  • Over 20 years practicing matrimonial law
  • Over 1,000 cases successfully resolved
  • Founder and Partner of Hornberger Verbitsky, P.C.
  • Experienced and compassionate Long Island Divorce Attorney, Family Law Attorney, and Divorce Mediator
  • Licensed to practice law in the State of New York
  • New York State Bar Association member
  • Nassau County Bar Association member
  • Suffolk County Bar Association member
  • “Super Lawyer” Metro Rising Star
  • Nominated Best of Long Island Divorce Attorney four consecutive years
  • Alternative Dispute Resolution Committee Contributor
  • Collaborative Law Association of New York – Former Director
  • Martindale Hubbell Distinguished Designation
  • America’s Most Honored Professionals – Top 5%
  • Lead Counsel Rated – Divorce Law
  • American Institute of Family Law Attorneys 10 Best
  • International Academy of Collaborative Professionals
  • Graduate of Hofstra University School of Law
  • Double Bachelor’s degrees in Philosophy, Politics & Law and History from SUNY Binghamton University
Divorce Lawyer Long Island New York
Melissa Rappa
Melissa Rappa
18:09 08 Feb 24
At one of the hardest and most stressful times of my life, it was so comforting to have a team at Hornberger and Verbitsky who ALWAYS responded in record speed to my questions, phone calls, emails or texts and who I felt really cared about helping me through this difficult time. It was a long few years and I am grateful to all of you. Thank you so much Rob, AnneMarie, Christine, Patty, Joan and Lawrence. Your guidance, professionalism and expertise is appreciated beyond measure.
Paul Carmichael
Paul Carmichael
16:21 11 Dec 23
I would give 6 stars if I could. I can't say enough good things about Robert and his firm. We were in a situation for over 2 years and I could have never made it through without Robert's experience and knowledge. He guided me through tough times when needed and his expertise could "read" the situation and make the next best move for me. He was tough when he needed to be tough (thankfully) and at the same time guided me through the process to make me feel comfortable in an uncomfortable situation. I would not want to go through this process without Robert and his team having my back. he helped move the case along and not waste any time or money. One last time, I 100% endorse Robert and his expertise.
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How Much Alimony Will I Have to Pay on Long Island, NY?

How Much Alimony Will I Have to Pay on Long Island, NY?

How Much Alimony Will I Have to Pay on Long Island, NY?

For many individuals who are considering divorce on Long Island, NY, alimony is a major concern. Also called “spousal maintenance”, the term refers to payments made to the lower-earning spouse by the higher-earning spouse., NY

If you  have questions about why you might have to pay spousal maintenance and how much you will owe both during and after your New York divorce, read on as we will dive into your most pressing questions about alimony on Long Island, NY. 

Why Do I Have to Pay Alimony in New York? 

The purpose of alimony in New York is to ensure that both parties involved in the divorce proceedings can provide for their immediate needs during and and potentially after, the proceedings. Spousal support is intended to give the lesser-earning spouse a financial “cushion” to become self-sufficient. There are essentially three different types of alimony payments:

#1: Spousal Support on Long Island, NY

Spousal support on Long Island, NY refers to alimony paid before formal divorce proceedings begin. The most common scenario in which spousal support is paid is during a trial separation. For instance, one spouse may have moved out, and although neither spouse has filed for divorce yet, the lower-earning spouse requires financial support for basic needs. 

#2: Temporary Maintenance on Long Island, NY

Temporary maintenance, or “pendente lite maintenance,” is paid to the lower-earning spouse during the divorce process. It ends when the final order of divorce is issued by the judge. The amount owed for temporary maintenance depends on the lower-earning spouse’s demonstrated financial need and is based on statutory guidelines. 

#3: Post-divorce Maintenance on Long Island, NY

Post-divorce maintenance, or “spousal maintenance,” is paid from one spouse to the other after the court finalizes divorce proceedings. The amount will be determined based on the income of each party as well as the length of the marriage. 

Both husbands and wives who are filing for divorce in New York can request alimony – but the spouse who is earning more money (called the “payor”) will make payments to the spouse who is earning less (or no) income (called the “payee”). 

How Is Spousal Maintenance Calculated in New York? 

Spousal Maintenance on Long Island, New York is calculated based on a formula. The factors the court will consider include the income of each party and if the couple has children under 21 years old. There are two formulas – one for couples with children and one for couples without. 

#1: Alimony in NY With Children

The calculation for spousal maintenance in New York for couples with children is as follows:

  • Find 25% of the lower-earning spouse’s income and 20% of the higher earning spouse’s income. Then, find the difference between those two values. 
  • Find 40% of the combined parental income. Then, subtract the lower-earning spouse’s income. 
  • If child support is also being paid, select the lower amount. Then, divide by 12 to determine the payment per month. 

#2: Alimony in NY Without Children

The calculation for spousal maintenance in New York without children is similar to that for couples with children, but it uses different percentages. 

  • Find 20% of the lower-earning spouse’s income and 30% of the higher-earning spouse’s income. Then, find the difference between those two values. 
  • Find 40% of the couple’s combined income. Then, subtract the lower-earning spouse’s income. 
  • Choose the lesser of those two values.Then, divide by 12 to determine the payment per month. 

Exceptions to the New York Spousal Maintenance Calculation

New York state caps the amount of income under consideration for Spousal Maintenance at $203,000 annually as of March 1, 2022. If your net income exceeds that value, use that value as your income in the formulas above. Also note that New York state taxes and federal taxes are not subtracted from your net income value for calculating alimony payments. 

Despite this cap, the court has the discretion to adjust the formula based on its judgment of the specific situation. The court will consider factors such as age, health, earnings disparity, future earning capacity, and standard of living. So if you are making significantly more than $203,000 per year, you may end up paying more than the formula suggests. 

Hornberger Verbitsky, P.C. Will Fight for Equitable Alimony in Your Long Island, NY Divorce

Have more questions about alimony? We’re here to help. No matter your financial situation, you deserve affordable, high-quality legal representation for your divorce.

Contact us to learn more about your legal options or to book your free initial consultation to discuss your case in detail. Call now at 631-923-1910 or complete our short contact form, and we’ll get right back to you.

GET YOUR FREE CONSULTATION TODAY
Call 631-923-1910 or fill in the form below

Get your complimentary consultation and case evaluation with our experienced attorneys today.

Your attorney will describe the many options available and determine together which is the right solution for you. By the end of this  conversation, we’ll all understand how we can best help you to move forward.

No Cost or Obligation

There is no cost or obligation for this initial consultation. It is simply an opportunity for us to get to know each other, answer your questions and learn if Hornberger Verbitsky, P.C. is right the right law firm for you. Give us a call at 631-923-1910 or fill in the short form below for your free consultation and case evaluation.

All Fields Are Required

* indicates required

About the Author

Robert E. Hornberger, Esq., Founding Partner, Hornberger Verbitsky, P.C.

  • Over 20 years practicing matrimonial law
  • Over 1,000 cases successfully resolved
  • Founder and Partner of Hornberger Verbitsky, P.C.
  • Experienced and compassionate Long Island Divorce Attorney, Family Law Attorney, and Divorce Mediator
  • Licensed to practice law in the State of New York
  • New York State Bar Association member
  • Nassau County Bar Association member
  • Suffolk County Bar Association member
  • “Super Lawyer” Metro Rising Star
  • Nominated Best of Long Island Divorce Attorney four consecutive years
  • Alternative Dispute Resolution Committee Contributor
  • Collaborative Law Association of New York – Former Director
  • Martindale Hubbell Distinguished Designation
  • America’s Most Honored Professionals – Top 5%
  • Lead Counsel Rated – Divorce Law
  • American Institute of Family Law Attorneys 10 Best
  • International Academy of Collaborative Professionals
  • Graduate of Hofstra University School of Law
  • Double Bachelor’s degrees in Philosophy, Politics & Law and History from SUNY Binghamton University
Divorce Lawyer Long Island New York
Melissa Rappa
Melissa Rappa
18:09 08 Feb 24
At one of the hardest and most stressful times of my life, it was so comforting to have a team at Hornberger and Verbitsky who ALWAYS responded in record speed to my questions, phone calls, emails or texts and who I felt really cared about helping me through this difficult time. It was a long few years and I am grateful to all of you. Thank you so much Rob, AnneMarie, Christine, Patty, Joan and Lawrence. Your guidance, professionalism and expertise is appreciated beyond measure.
Paul Carmichael
Paul Carmichael
16:21 11 Dec 23
I would give 6 stars if I could. I can't say enough good things about Robert and his firm. We were in a situation for over 2 years and I could have never made it through without Robert's experience and knowledge. He guided me through tough times when needed and his expertise could "read" the situation and make the next best move for me. He was tough when he needed to be tough (thankfully) and at the same time guided me through the process to make me feel comfortable in an uncomfortable situation. I would not want to go through this process without Robert and his team having my back. he helped move the case along and not waste any time or money. One last time, I 100% endorse Robert and his expertise.
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Robert E. Hornberger, Esq., P.C. respects your right to privacy. We will never sell your information to any third party. Follow this link to read our full privacy policy.

Will Cohabitation After a NY Divorce Affect My Alimony?

Will Cohabitation After a NY Divorce Affect My Alimony?

Will Cohabitation After a NY Divorce Affect My Alimony?

Moving on after a divorce is sometimes just as hard as getting the divorce in the first place. Things can be even more difficult when alimony or spousal support and new relationships are involved. If you receive spousal support and start dating again, you need to know how this could impact your payments from your ex.

Understanding Cohabitation

“Cohabitation” is a term used to describe the act of living with someone else. It applies to any living arrangement with multiple people but is most commonly used to refer to people in romantic relationships who live together.

How Cohabitation Can Impact Spousal Support Payments

If your ex can prove that you’re living with someone with whom you have a romantic relationship, your alimony payments could stop.

Spousal support is almost always temporary and is meant to help people get on their feet after a divorce. Rarely is permanent alimony awarded by a court and usually only when a spouse is unlikely to ever become financially stable on their own.

But living independently isn’t the only way a court might consider you financially rehabilitated after a divorce. The court might also think you no longer need support if you’re in a live-in relationship where you can share income and expenses with someone else.

Fortunately, this generally doesn’t apply to roommate situations. If you’re living with one or more people to whom you aren’t romantically connected, and you each pay a portion of the rent and utilities, your alimony should be safe.

That said, it’s important to be aware that more courts are taking into account LGBTQ relationships. Living with someone of the same sex may not be enough to convince a judge that you’re only roommates.

Receiving Alimony? Protect Yourself from Claims of Cohabitation

If you receive alimony or spousal support payments, you need to take steps to protect yourself from accusations of cohabitation. Following these five tips can help you protect your spousal support.

  • Don’t talk about your love life with other people. Even if you trust them not to tell your ex, you can never fully guarantee they won’t. Or, they may tell someone else, who then tells your ex. If you’re wrong, the consequences could be very costly to you.
  • Be careful about what you post online. Don’t offer any information about your relationships or living situation on social media. Avoid posting photos of anyone you are dating or anyone staying in your home who is not a family member. You should also be careful of innocuous things in your photographs, like a partner’s laundry clearly showing on the floor or a pair of toothbrushes in the bathroom.
  • Keep utilities in your name and pay for them yourself. Don’t let other people put utilities like the electric or cable or Internet at your home in their name. This could be used to suggest that person lives there full-time.
  • Watch what goes on outside. Avoid letting your neighbors see anything that could be mistaken for cohabitation. For example, don’t let dating partners park their vehicles overnight at your home too many nights in a row.
  • Avoid dating for now. If you’re receiving a lot of alimony or spousal support or your ex has the ability to spy on you, you may want to consider avoiding dating entirely for a period of time. This can protect you from even false accusations if you can prove you aren’t romantically linked to anyone.

Even if you’re not living with anyone, if your ex can make it look like you are, your spousal support payments could be at risk.

Modification of Spousal Support

If your former spouse is paying alimony and believes you are living with someone else, they can file a petition with the court to receive a modification of spousal support. This won’t be granted right away. A hearing will be scheduled where you and your ex will each have time to present evidence to prove why alimony payments should or should not be adjusted.

For more information, please read our article, How to Avoid Paying Alimony or Spousal Support in New York

Protect Your Right to Alimony With an experienced Long Island, NY Divorce Lawyer

A qualified, experienced divorce lawyer can help protect your right to alimony or spousal support if your ex doesn’t want to pay. Our team of compassionate attorneys will work with you to gather strong evidence to prove your side. And, we’ll guide you through each stage of your case so you know what to expect.

Contact us today to learn more about what our veteran New York family attorneys can do for you by dialing 631-923-1910 or fill in the short form on this page for a free case evaluation and consultation.

GET YOUR FREE CONSULTATION TODAY
Call 631-923-1910 or fill in the form below

Get your complimentary consultation and case evaluation with our experienced attorneys today.

Your attorney will describe the many options available and determine together which is the right solution for you. By the end of this  conversation, we’ll all understand how we can best help you to move forward.

No Cost or Obligation

There is no cost or obligation for this initial consultation. It is simply an opportunity for us to get to know each other, answer your questions and learn if Hornberger Verbitsky, P.C. is right the right law firm for you. Give us a call at 631-923-1910 or fill in the short form below for your free consultation and case evaluation.

All Fields Are Required

* indicates required

About the Author

Robert E. Hornberger, Esq., Founding Partner, Hornberger Verbitsky, P.C.

  • Over 20 years practicing matrimonial law
  • Over 1,000 cases successfully resolved
  • Founder and Partner of Hornberger Verbitsky, P.C.
  • Experienced and compassionate Long Island Divorce Attorney, Family Law Attorney, and Divorce Mediator
  • Licensed to practice law in the State of New York
  • New York State Bar Association member
  • Nassau County Bar Association member
  • Suffolk County Bar Association member
  • “Super Lawyer” Metro Rising Star
  • Nominated Best of Long Island Divorce Attorney four consecutive years
  • Alternative Dispute Resolution Committee Contributor
  • Collaborative Law Association of New York – Former Director
  • Martindale Hubbell Distinguished Designation
  • America’s Most Honored Professionals – Top 5%
  • Lead Counsel Rated – Divorce Law
  • American Institute of Family Law Attorneys 10 Best
  • International Academy of Collaborative Professionals
  • Graduate of Hofstra University School of Law
  • Double Bachelor’s degrees in Philosophy, Politics & Law and History from SUNY Binghamton University
Divorce Lawyer Long Island New York
Melissa Rappa
Melissa Rappa
18:09 08 Feb 24
At one of the hardest and most stressful times of my life, it was so comforting to have a team at Hornberger and Verbitsky who ALWAYS responded in record speed to my questions, phone calls, emails or texts and who I felt really cared about helping me through this difficult time. It was a long few years and I am grateful to all of you. Thank you so much Rob, AnneMarie, Christine, Patty, Joan and Lawrence. Your guidance, professionalism and expertise is appreciated beyond measure.
Paul Carmichael
Paul Carmichael
16:21 11 Dec 23
I would give 6 stars if I could. I can't say enough good things about Robert and his firm. We were in a situation for over 2 years and I could have never made it through without Robert's experience and knowledge. He guided me through tough times when needed and his expertise could "read" the situation and make the next best move for me. He was tough when he needed to be tough (thankfully) and at the same time guided me through the process to make me feel comfortable in an uncomfortable situation. I would not want to go through this process without Robert and his team having my back. he helped move the case along and not waste any time or money. One last time, I 100% endorse Robert and his expertise.
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Child Support & Spousal Maintenance Tools
Robert E. Hornberger, Esq., P.C. respects your right to privacy. We will never sell your information to any third party. Follow this link to read our full privacy policy.

Can a Court Order Me To Provide Insurance In a NY Divorce?

Can a Court Order Me To Provide Insurance In a NY Divorce?

Can a Court Order Me To Provide Insurance In a NY Divorce?

When a married couple decides to divorce, there are many issues that need to be sorted out. One of the most important – and often contentious – issues is that of health insurance. Who will be covered by what policy, and who will pay for it?

In some cases, a Nassau County or Suffolk County, NY court may order one spouse to provide health insurance for the other spouse – especially if there are minor children involved. In this post, we’ll take a look at how courts handle health insurance in a Long Island, NY divorce, when they may order one spouse to provide coverage for the other, and how an attorney can help you.

Health Insurance in a Long Island, NY Divorce

Health insurance is often a key issue in a divorce. Under federal law, a spouse cannot be removed from a health insurance policy while the divorce is pending. This protection applies to all group health plans, including employer-sponsored plans, individual plans purchased through state exchanges, and Medicaid.

A spouse can only be removed from a health insurance policy after the divorce is final. At that point, the insurer can treat the divorced spouse as it would any other unmarried person who is not covered by a family plan. This means that the insurer can charge the divorced spouse more for coverage or deny coverage altogether.

COBRA Benefits for Divorcing Spouses

COBRA is a federal law that allows divorcing spouses to continue their health insurance coverage through their former spouse’s plan for up to 36 months. COBRA benefits are not automatic, however. The divorcing spouse must take action to elect COBRA coverage within 60 days of the divorce decree. If the spouse does not elect COBRA coverage, they will be responsible for finding new health insurance.

COBRA health insurance is often the most expensive option for health insurance, so it’s important to compare your other options before making a decision. If you’re healthy and don’t have any pre-existing conditions, you may be able to find a more affordable health insurance plan on the open market. However, if you have a pre-existing condition that makes it difficult for you to find a suitable plan, COBRA may be your best option.

When Courts Order Mandatory Coverage in New York

In the state of New York, if you are going through a divorce and your spouse has health insurance coverage through their employer, the court may order that your spouse maintain health insurance coverage for you and any dependent children until the divorce is finalized. This is known as a “Section 236(B) order.”

There are two main circumstances in which a court will issue a Section 236(B) order. The first is when health insurance coverage is included in the terms of the divorce settlement. This means both spouses have reached an agreement or the judge has issued an order as to who will provide health insurance and for how long.

The second is when one spouse is unable to obtain health insurance coverage on their own because of a pre-existing medical condition and an order is issued later on that the insured spouse must again provide coverage for a specified length of time.

How an Experienced Long Island, NY Divorce Attorney Can Help

If you are going through a divorce or thinking about your legal options, you may have questions about your health insurance coverage. An experienced Long Island, NY divorce attorney can help you understand your rights and options when it comes to health insurance in a divorce.

Your attorney can help you determine whether your spouse is required to provide health insurance coverage for you during the divorce process, or if you are the spouse responsible for maintaining an insurance policy. In some cases, the court may order you or your spouse to provide health insurance coverage to the other after the divorce is final.

Your attorney can also help you understand how COBRA benefits work and whether they will be available to you after your divorce. COBRA benefits allow you to continue your health insurance coverage under your spouse’s policy for a period of time after the divorce.

If a court order is issued and your spouse is required to provide you with coverage, your attorney can help you enforce the order and ensure you get the access to the benefits you need. If your spouse fails to provide the required coverage, a family law firm can take legal action to compel them to comply with the order.

Contact Hornberger Verbitsky, P.C. today for more information or to schedule a free initial consultation by calling 631-923-1910 or fill out the short form on this page and we’ll get right back to you.

 

GET YOUR FREE CONSULTATION TODAY
Call 631-923-1910 or fill in the form below

Get your complimentary consultation and case evaluation with our experienced attorneys today.

Your attorney will describe the many options available and determine together which is the right solution for you. By the end of this  conversation, we’ll all understand how we can best help you to move forward.

No Cost or Obligation

There is no cost or obligation for this initial consultation. It is simply an opportunity for us to get to know each other, answer your questions and learn if Hornberger Verbitsky, P.C. is right the right law firm for you. Give us a call at 631-923-1910 or fill in the short form below for your free consultation and case evaluation.

All Fields Are Required

* indicates required

About the Author

Robert E. Hornberger, Esq., Founding Partner, Hornberger Verbitsky, P.C.

  • Over 20 years practicing matrimonial law
  • Over 1,000 cases successfully resolved
  • Founder and Partner of Hornberger Verbitsky, P.C.
  • Experienced and compassionate Long Island Divorce Attorney, Family Law Attorney, and Divorce Mediator
  • Licensed to practice law in the State of New York
  • New York State Bar Association member
  • Nassau County Bar Association member
  • Suffolk County Bar Association member
  • “Super Lawyer” Metro Rising Star
  • Nominated Best of Long Island Divorce Attorney four consecutive years
  • Alternative Dispute Resolution Committee Contributor
  • Collaborative Law Association of New York – Former Director
  • Martindale Hubbell Distinguished Designation
  • America’s Most Honored Professionals – Top 5%
  • Lead Counsel Rated – Divorce Law
  • American Institute of Family Law Attorneys 10 Best
  • International Academy of Collaborative Professionals
  • Graduate of Hofstra University School of Law
  • Double Bachelor’s degrees in Philosophy, Politics & Law and History from SUNY Binghamton University
Divorce Lawyer Long Island New York
Melissa Rappa
Melissa Rappa
18:09 08 Feb 24
At one of the hardest and most stressful times of my life, it was so comforting to have a team at Hornberger and Verbitsky who ALWAYS responded in record speed to my questions, phone calls, emails or texts and who I felt really cared about helping me through this difficult time. It was a long few years and I am grateful to all of you. Thank you so much Rob, AnneMarie, Christine, Patty, Joan and Lawrence. Your guidance, professionalism and expertise is appreciated beyond measure.
Paul Carmichael
Paul Carmichael
16:21 11 Dec 23
I would give 6 stars if I could. I can't say enough good things about Robert and his firm. We were in a situation for over 2 years and I could have never made it through without Robert's experience and knowledge. He guided me through tough times when needed and his expertise could "read" the situation and make the next best move for me. He was tough when he needed to be tough (thankfully) and at the same time guided me through the process to make me feel comfortable in an uncomfortable situation. I would not want to go through this process without Robert and his team having my back. he helped move the case along and not waste any time or money. One last time, I 100% endorse Robert and his expertise.
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Child Support & Spousal Maintenance Tools
Robert E. Hornberger, Esq., P.C. respects your right to privacy. We will never sell your information to any third party. Follow this link to read our full privacy policy.

Does Alimony Count as Income in New York?

Does Alimony Count as Income in New York?

Does Alimony Count as Income in New York?

Paying spousal support, also known as spousal maintenance or alimony, during and after a divorce in New York can be frustrating and can even put the payor in a financial bind if they are ordered to pay more than they feel they can afford. Being an alimony recipient can be necessary and highly beneficial as the lesser earner becomes independent after the divorce. Issues and confusion often arises at tax time. Payors want to know if they can deduct spousal support payments while recipients need to know if they should claim spousal support as income.

Here’s what to know about alimony and income in New York and how a qualified Long Island divorce lawyer can help you.

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How to Avoid Paying Alimony or Spousal Support In New York

How to Avoid Paying Alimony or Spousal Support In New York

How to Avoid Paying Alimony In New York

 

How to Avoid Paying Alimony or Spousal Support In New York

Facing a divorce in New York and want to know how to avoid paying alimony? If you’re the higher-earning partner, you might be responsible for supporting your spouse financially post-divorce. This is known as alimony or spousal support. We’ll use these two terms interchangeably in this article. Spousal support is (usually temporary) payments made to your spouse during and after the divorce proceedings to give them time to regain the necessary skills or education to reenter the workforce. If you’re ordered to pay spousal maintenance after your divorce, this could make it harder for you to rebuild your own life. Here are some ways on how to avoid alimony in New York and how Hornberger Verbitsky, P.C. can assist in this process.

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Can I Get Permanent Spousal Support, Alimony or Maintenance?

Can I Get Permanent Spousal Support, Alimony or Maintenance?

Can I Get Permanent Spousal Support, Alimony or Maintenance?

Alimony, also known as spousal maintenance or spousal support, is a payment from the spouse who earns more to the spouse who earns less, so the latter spouse may maintain the lifestyle they’ve become accustomed to during the marriage. Long Island courts do not consider whether the higher earning spouse is the husband or wife.

There are multiple types of spousal support that a person can seek throughout their divorce proceedings, including temporary or permanent spousal support. Understanding spousal maintenance laws on Long Island can help you negotiate a fair settlement regardless of whether you stand to pay or receive alimony. Read on to learn what you should know about your spousal support options.

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Do Women Pay Alimony After a Long Island Divorce?

Do Women Pay Alimony After a Long Island Divorce?

Do Women Pay Alimony After a Long Island Divorce?

Traditionally, the male spouse was at a considerably greater risk of being ordered to pay spousal or child support following a divorce. However, as responsibilities within the home shift to more equal footing in New York and throughout the United States, courts are starting to compel support from women and mothers who dissolve their marriages.

Here’s what you should know about spousal support on Long Island and how you can get the legal assistance you need for an upcoming divorce or child support hearing. Working with a seasoned divorce attorney as soon as possible is a great way to solidify your chances of a successful outcome.

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Will I Pay More Alimony If My Spouse Has a Disability?

Will I Pay More Alimony If My Spouse Has a Disability?

Will I Pay More Alimony If My Spouse Has a Disability?

If you live on Long Island and are divorcing a spouse that has a disability, you may have questions about whether you will be required to pay more spousal support or make payments for an extended period of time following your divorce.

The always difficult decision to end your marriage through divorce can become even more so when it involves someone with a disability. Your spouse may be reliant on you and your health insurance and income, and separating in such a situation can be exceedingly complex.

Our goal with this article is to inform you of your rights and what legal options are available to you if you decide to divorce and your spouse has a disability. Here’s what you should do if you’re considering a divorce and are concerned about paying alimony if your spouse has a disability that affects their ability to work.

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How to Protect Yourself from Paying Unreasonable Spousal Support (Alimony)

How to Protect Yourself from Paying Unreasonable Spousal Support (Alimony)

How to Protect Yourself from Paying Unreasonable Spousal Support (Alimony)

Alimony, also called spousal support, is a significant issue for most couples going through a divorce on Long Island. If you’re the higher-earning spouse, you could be stuck paying too much alimony for too long if you’re not careful. Here’s how you can protect yourself from paying unreasonable spousal support during and after your divorce.

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