Is Alimony/Spousal Support Taxable in New York and U.S.?

Is Alimony/Spousal Support Taxable in New York and U.S.?

Is Alimony/Spousal Support Taxable in New York and U.S.?

Most people undergoing divorce or separation often find themselves wondering about the tax implications of alimony and spousal support. While the terms “alimony” and “spousal support” are often used interchangeably, spousal support is a broader term that encompasses alimony, as well as temporary support during separation, while alimony specifically refers to post-divorce financial support. In New York, spousal support is the preferred legal term.

You might be wondering whether the alimony payments you receive or pay are taxable income on your federal and state income taxes, particularly in New York. In this post, we will break down the current regulations and clarify how alimony is treated in both jurisdictions, so you can navigate your financial obligations with confidence.

Key Takeaways on Alimony & Taxes:

  • The tax implications of alimony and spousal support can be complex. Seek advice from a tax professional for your personal situation.
  • In New York state, spousal support is generally considered taxable income for the recipient and a tax deduction for the payor.
  • For federal income tax purposes, alimony received is taxed as ordinary income, while alimony paid is deductible for the payer if the divorce agreement was finalized before 2019.
  • Changes from the Tax Cuts and Jobs Act (2017) eliminated the federal tax deduction for alimony payments starting from January 1, 2019, making it non-deductible for new agreements.
  • For divorce agreements finalized after 2018, neither the payer nor the recipient benefits from tax deductions or tax liabilities related to alimony payments.
  • Proper documentation and compliance with state and federal tax laws are imperative to avoid potential penalties regarding alimony taxation.
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Free New York Divorce Lawyer Consultation

Understanding Alimony / Spousal Support

For many individuals navigating their divorce, understanding what alimony is, and how it is taxed, are vital. Alimony, also known as spousal support, provides financial assistance to a lower-earning or non-working spouse, ensuring they can maintain a reasonable standard of living post-separation from their spouse. The terms and conditions surrounding alimony can vary, so being informed helps you make better financial decisions during this challenging time.

Definition of Alimony

Between spouses, alimony refers to the payments made from the higher earning spouse to the lower-earning spouse to support a dependent partner during or after divorce proceedings. This support can take various forms and is determined based on the length of marriage, financial needs, and other factors.

Types of Alimony

Behind the general concept of alimony lies various types that need to be understood. Each type is designed to suit specific needs and circumstances. Here’s a breakdown of the main types:

  • Temporary Alimony
  • Rehabilitative Alimony
  • Permanent Alimony
  • Lump-Sum Alimony
  • Reimbursement Alimony

Recognizing each type’s distinct characteristics can help you understand which type may or may not apply to your specific situation.

Type Description
Temporary Alimony Support provided during the divorce process.
Rehabilitative Alimony Intended to support a spouse transitioning to self-sufficiency.
Permanent Alimony Long-term support that may continue indefinitely.
Lump-Sum Alimony A one-time payment rather than ongoing support.
Reimbursement Alimony Compensation for contributions made during the marriage.

Understanding these categories of Alimony can help you assess your rights and responsibilities regarding spousal support. Each form offers unique benefits, and choosing the appropriate type can significantly impact your financial future. Recognizing these aspects ensures that you can navigate your financial obligations and rights with confidence.

Alimony and Federal Taxation

The taxation of alimony has important implications for both those who pay the alimony and those who receive it. Traditionally, federal tax laws dictated that alimony payments were tax-deductible for the payer and taxable income for the recipient. However, changes in the law starting in 2019 have altered how alimony is treated. Understanding these nuances is vital for anyone involved in a spousal support agreement.

Federal Tax Implications

By 2019, tax regulations changed significantly, eliminating the tax deduction for alimony payments for agreements made after December 31, 2018. As such, if you are receiving alimony from a spouse, those payments are no longer taxable income. This will significantly impact your overall financial planning. In contrast, if your divorce was finalized before the cutoff date, the original tax treatment still applies.

New York State Tax Implications

Before considering state taxes, it’s important to know that New York generally follows federal guidelines. However, in New York spousal support is taxable on the state level. This means that payors can take a tax deduction for spousal support paid and recipients must claim the support payments as income. However, you should always consult with a tax professional to ensure compliance with specific state regulations and any potential changes that could affect your tax responsibilities. Each individual’s circumstances can influence potential deductions, so consulting with a tax expert ensures that you are abiding by all regulations and making informed decisions about your financial future.

Changes in Federal Tax Laws

After the introduction of the federal Tax Cuts and Jobs Act (TCJA), significant changes occurred regarding the tax treatment of alimony. Under the new law, for agreements finalized after December 31, 2018, alimony payments are no longer deductible on federal tax returns for the payer nor taxable for the recipient. This shift has major implications for how to best structure spousal support agreements in the most tax-efficient manner.

The Tax Cuts and Jobs Act

Above, we noted the alterations brought by the TCJA, which impacted the tax implications of alimony payments. As a result, new agreements have been structured with this tax-neutral stance in mind, making it imperative for you to understand these changes if you’re negotiating or drafting such agreements. If you are structuring your spousal support agreements now, it’s important to have an experienced spousal support attorney consider these rules when structuring your support payments.

Impacts on Existing Alimony Agreements

Existing alimony agreements created before 2019 still adhere to the previous tax rules, allowing for deductions and taxable income. However, if the payor’s income circumstances change, modifications to your alimony agreement might lead to your agreement being subject to the new tax rules.

In addition, the tax implications on existing alimony agreements can affect your financial planning. If you are the alimony payor and you hold an older agreement, you will continue to benefit from the deductibility of payments made by you, while the recipient of those payments will still have to claim those payments as taxable income. If, however, modifications to the agreement are made, these can ultimately fall under the new TCJA rules, altering the financial landscape for both you and the recipient. Understanding these potential impacts is crucial to ensure any modifications to your agreements work for your future financial stability.

Is Alimony/Spousal Support Taxable

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Free New York Divorce Lawyer Consultation

Reporting Alimony Income in New York

Keep in mind that the way you report alimony income can significantly impact your tax situation. In New York, alimony, also known as spousal support, is generally taxable to the recipient and deductible for the payor on their federal income taxes. Understanding these rules is important to ensure accurate reporting and compliance with tax obligations.

For the Recipient in New York

With alimony considered taxable income for you as the recipient, it’s important to track all payments received. This income must be reported on your tax return, as it can affect your overall tax liability and eligibility for credits or deductions. Keeping organized records of all alimony transactions will enable you to accurately report this income on your tax forms.

For the Payor in New York

Beside the recipient’s responsibilities, as the payor, you have the opportunity to deduct the alimony payments from your taxable income, reducing your overall tax burden . This benefit can be impactful, depending on your tax bracket and the amount you are paying. To claim this deduction, it’s vital to ensure that the payment terms align with regulations, including having a formal agreement in place.

Consequently, you should always obtain proof of payment, such as bank statements or receipts, to substantiate your deductions during tax filing. Consult a tax professional if you have questions about eligibility or documentation required for your situation, as this can save you from issues with the New York State Department of Taxation and Finance later on.

Legal Considerations in New York

Unlike some states, alimony and spousal support in New York is subject to specific legal standards and tax implications. While the Tax Cuts and Jobs Act changed federal tax treatment of alimony for divorces finalized after December 31, 2018, which are no longer taxable to the recipient or deductible by the payer, New York state tax rules may differ. Understanding these legal frameworks can help you navigate your obligations and rights effectively.

Modification of Alimony Agreements on Long Island, NY

For many, circumstances may change after a divorce, necessitating a modification of alimony agreements. If you live on Long Island and experience significant changes in income or financial status, you can petition a Nassau County Family Court or Suffolk County Family Court for a review. Documenting your situation thoroughly is vital to substantiate your request, as the courts will consider various factors, including your financial stability and the recipient’s needs.

Legal Counsel and Tax Advice

Above all, consulting with legal and tax professionals is vital when dealing with alimony issues. Their expertise can guide you through complex state and federal tax laws, especially since tax treatment varies based on when your divorce was finalized. Understanding your specific obligations and rights regarding alimony can save you from unexpected tax liabilities.

Also, having expert legal counsel can provide personalized advice tailored to your unique situation. It’s important to review your alimony agreement in light of current laws, especially as tax regulations can change.

How To Know If Alimony/Spousal Support is Taxable in New York and U.S.

It’s important for you to know that as of the publication date of this post, alimony is not taxable for federal income taxes if your divorce was finalized after 2018.

In New York, spousal support is also not taxable on your federal return, but is taxable on your New York State return. Specific state regulations may apply, so we suggest consulting a tax professional to clarify how these rules may impact your individual situation and ensure you are adhering to both federal and state tax obligations.

Contact an Experienced Spousal Support Attorney for Help

An experienced divorce lawyer and family law attorney can help ensure your agreement is fair and enforceable while considering the long-term financial implications for both parties involved in the process. Contact Hornberger Verbitsky, P.C. at 631-923-1910 for a free consultation and case evaluation if you have questions about your tax liability for spousal support.

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Free New York Divorce Lawyer Consultation

Frequently Asked Questions About Alimony & Taxes

  • Q: Is alimony taxable in New York?

    A: In New York, alimony, or spousal maintenance, is generally considered taxable income for the recipient and tax-deductible for the payer. This means that the recipient must report alimony received on their state tax return, while the payer can deduct the total amount paid from their taxable income.

  • Q: Is alimony taxable on federal income taxes?

    A: Under federal tax law, alimony received for divorce agreements finalized before January 1, 2019, is taxable to the recipient and deductible by the payer. However, for agreements finalized after this date, alimony is not taxable for the recipient, nor is it deductible for the payer. It’s important to check the date of the divorce agreement to determine the correct tax treatment.

  • Q: Is spousal support taxable in New York?

    A: Similar to alimony, spousal support in New York is considered taxable income for the recipient and deductible for the payer. The tax treatment aligns closely with the treatment of alimony, meaning adjustments to state taxable income should be made accordingly.

  • Q: Is spousal support taxable on federal income taxes?

    A: The federal tax treatment of spousal support follows the same rules as alimony. For divorce agreements executed before January 1, 2019, spousal support is taxable to the recipient and deductible for the payer. For agreements stemming from divorces after this date, spousal support payments are neither federally taxable for the recipient nor deductible for the payer.

  • Q: Are there any exceptions to the taxability of alimony or spousal support?

    A: Yes, there are exceptions. For example, if the payment is classified as child support or if it does not meet the definition of alimony under IRS rules, it may not be taxable. Additionally, modifications to divorce or support agreements may affect their taxability as well.

  • Q: How should alimony and spousal support be reported on tax returns?

    A: Recipients of alimony or spousal support should report the amounts received as income on their tax returns. Payers should report payments as deductions if applicable. It is advisable to maintain clear records of all payments made or received to ensure proper reporting and compliance.

  • Q: Can I amend my tax return if I find out the alimony treatment has changed?

    A: If you discover that the tax treatment of your alimony or spousal support payments has changed or if you mistakenly reported your income based on incorrect guidance, you can amend your tax return. Form 1040-X is used to file for amendments. Consulting a tax professional is recommended for accurate filing and compliance with current tax laws.

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Free New York Divorce Lawyer Consultation
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GET YOUR FREE CONSULTATION TODAY Call 631-923-1910 or fill in the form below

Horberger Verbitsky, P.C. partners Robert E. Hornberger, Esq. and Christine M. Verbitsky, Esq.

Horberger Verbitsky, P.C. partners Robert E. Hornberger, Esq. and Christine M. Verbitsky, Esq.

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

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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
  • Full Robert E. Hornberger, Esq. Bio
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RECOGNIZED FOR EXCELLENCE BY:

10 Best Family Law Attorney Award 2022 - American Institute of Family Law Attorneys
Avvo 10.0 Rating - Robert Eugene Hornberger Top Divorce Attorney
Super Lawyers Rising Stars - Robert E. Hornberger
5-Star Avvo Reviews – Robert Eugene Hornberger
Lead Counsel Verified Family Law Attorney Badge
Avvo Clients’ Choice Award 2020 – Robert Eugene Hornberger
Lead Counsel Rated Attorney – Verified Professional Distinction
Distinguished Peer Rating 2023 – High Professional Achievement
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Pendente Lite Provides Temporary Support During NY Divorce Process

Pendente Lite Provides Temporary Support During NY Divorce Process

Pendente Lite Provides Temporary Support During NY Divorce Process

Divorce can be emotionally and financially overwhelming, particularly when you may need temporary support to help you through the transition to supporting your household. This period can be a roller-coaster of financial and emotional changes for families. Temporary support can play a vital role by bridging the gap between two separating lives, ensuring you stay stable and can meet your immediate needs.

If you’ve been financially dependent on your spouse, it’s understandable to find yourself in a vulnerable financial spot. That’s why understanding pendente lite can be a game-changer. Meaning “while the litigation is pending” in Latin, pendente lite is essentially your support system during divorce proceedings here on Long Island, New York.

Pendente lite  involves setting up temporary solutions like spousal support or alimony, child support and custody arrangements. This is all about keeping your life as stable as possible until everything is finalized. It’s about fairness, addressing urgent needs, and making sure your family gets through this with their well-being intact.

This guide will break down what pendente lite is, explore the support options available, and offer practical advice for obtaining a pendente lite support order in New York. Throughout, with our clients’ stories and insights from the experts, you’ll feel more confident in navigating this legal journey.

Understanding the Heart of Pendente Lite Orders in New York

Pendente Lite Meaning and Its Importance to You

Pendente lite encompasses temporary orders during divorce proceedings meant to tackle immediate financial and custody matters before reaching a final divorce settlement. These orders are crucial, offering support to help you handle financial difficulties that might arise. In the divorce realm, pendente lite orders ensure both parties have the support resources they need during the process. Without these orders, you might face unnecessary hardships affecting your participation in the New York state divorce process. Understanding pendente lite is essential for anyone getting a divorce, as it influences your rights and well-being during these trying times.

Your Path to Temporary Relief During Divorce in New York

Temporary relief during a divorce serves as a supportive pillar, guiding you through the complexities you might face before your divorce is finalized. Often accessed through pendente lite orders, these measures ensure financial responsibilities and custody arrangements are managed fairly throughout the divorce. This relief could cover spousal support, alimony, custody and child support and help to establish a stable environment to buffer against financial worries and keep children’s well-being front and center.

The pendente lite hearing allows a judge to review your situation and decide on appropriate temporary orders. If you’re in New York, achieving a pendente lite support order is a significant step in maintaining financial balance. Obtaining these temporary options empowers you to manage your divorce more effectively, protecting both your rights and your interests.

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Free New York Divorce Lawyer Consultation
pendente lite Long Island, NY

Pendente Lite Support Orders New York

Navigating pendente lite orders calls for an understanding of the legal steps needed to achieve these temporary measures. In New York, it begins with filing a motion that articulates your need for interim support and the relief you seek. The court will ask for thorough financial details to evaluate everyone’s financial condition. During the pendente lite hearing, you present evidence to back up your request for assistance.

Proper preparation is crucial, as the court’s decision will affect your life until the divorce wraps up. Legal representation can be a tremendous asset, ensuring your requests meet the legal benchmarks and capture your particular situation accurately. Here on Long Island, working with seasoned family law attorneys like those at Hornberger Verbitsky, P.C., can provide the expertise you need to navigate these proceedings with assurance.

Pendente Lite Support Options

Getting to Know Pendente Lite Spousal Support

Pendente lite spousal support offers crucial temporary financial assistance throughout your divorce proceedings to help cover your essential living expenses. This assistance allows the spouse with a lower income to maintain a lifestyle akin to their married life. In New York, spousal support is calculated based on legal guidelines that consider each person’s income, finances, and needs.

The goal here is to avoid financial unfairness and hardship while the divorce moves forward. To pursue pendente lite spousal support, showing a need often requires proving income differences and monthly costs. Skilled legal professionals can be indispensable allies during this journey, ready to guide and represent you to ensure fair support arrangements.

Pendente Lite Child Custody Arrangements

Pendente lite custody arrangements are fundamental for deciding how children are cared for during the divorce process These orders can provide the children of the marriage continuity and stability amid family changes.

New York courts prioritize children’s best interests, looking at factors like parental involvement, the living environment, and the ability of the parent to cater to a child’s needs. These temporary decisions tackle physical and legal custody and visitation arrangements.

Parents might need to demonstrate their parenting skills and commitment to their children’s welfare. The empathetic and knowledgeable family law attorneys at Hornberger Verbitsky, P.C., can adeptly protect your rights and your child’s best interests at every stage.

Pendente Lite Alimony and Support

Pendente lite alimony or spousal support creates vital temporary financial arrangements to ensure both spouses can meet their needs as the divorce process progresses. This support is pivotal for maintaining financial balance, especially if one spouse relies on the other financially.

New York state’s approach to pendente lite alimony considers income, financial resources, and the lifestyle established during the marriage. The idea is to prevent undue hardship throughout the process.

Applicants must provide comprehensive financial details and confirm their need for temporary help. Legal counsel is essential to grasp these requirements and to advocate for justified support. Collaborating with experienced attorneys at Hornberger Verbitsky, P.C. will enable you to unravel the intricacies of pendente lite alimony and gain the spousal support needed to navigate your through the divorce process.

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Free New York Divorce Lawyer Consultation

Ensuring You Get Pendente Lite Relief

 

pendente lite Long Island, NY

The Pendente Lite Hearing Journey

The pendente lite hearing is crucial for obtaining temporary relief during your divorce. It offers the court the chance to review requests for spousal support, alimony, custody, and child support, taking into account the circumstances of both parties. It begins with a motion to specify the relief sought, backed by detailed financial affidavits and documents.

During the hearing, you’ll present your case and evidence to the judge, who will consider income, financial duties, and the welfare of children. The court’s decision aims to provide fairness and stability until your divorce is finalized. Engaging strong legal representation can make a significant difference, with attorneys articulating your needs clearly and navigating the hearing’s complexities effectively.

Getting Ready for Pendente Lite Order Requests

Putting together your pendente lite order request involves careful preparation to build a strong case for temporary relief. Start by gathering key financial documents — like income statements, tax returns, and expense reports — to illustrate your financial position and need for support. If custody or alimony is involved, providing evidence of your ability to meet your child’s needs or dependence on spousal support is vital. An experienced family law attorney can streamline this process, providing strategic guidance and documentation insights. Practiced attorneys can foresee potential challenges and refine your approach, bolstering your case and increasing the likelihood of securing balanced pendente lite relief.

Achieving Pendente Lite Support in New York

Achieving pendente lite support in New York requires following particular legal steps for temporary financial relief during divorce. Begin by filing a pendente lite motion with Nassau County family court or Suffolk County family court, clearly detailing the type of support you need, whether it’s spousal, child support, custody, etc. This motion encompasses detailed financial affidavits and precise financial documentation.

The New York state courts in Nassau County and Suffolk County will assess requests based on established guidelines, considering income, obligations, and the lifestyle you had during the marriage. The aim is fair support until the finalization of the divorce. Legal expertise in this step is critical; a well-informed and experienced attorney can craft a compelling case, making sure all relevant factors are presented effectively, thus importantly influencing the outcome.

Free Consultation and Case Evaluation with an Experienced Long Island Divorce Lawyer

The Long Island, NY divorce and family law firm Hornberger Verbitsky, P.C. has over 20 years of experience helping its clients navigate the divorce process in New York. Our firm offers a free consultation and case evaluation to discuss your divorce needs over the phone, in our offices or online. During this initial meeting, we will listen to your concerns, answer your questions, and outline the steps involved in getting you the support you need. Our goal is to provide you with clarity and confidence as you navigate this challenging time.

Schedule a free consultation and case evaluation with an experienced Long Island family law attorney to discuss your case and learn how we can help. We will answer your questions, explain your legal options, and help you understand your rights. Contact Hornberger Verbitsky, P.C. today at 631-923-1910 or fill out the short form below for your complimentary consultation and case evaluation.

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I highly recommend this law firm !

~ Janine D’onofrio

 

Frequently Asked Questions About Pendente Lite Support in New York

What is Pendente Lite Support and why is it important during a divorce?

Pendente Lite Support refers to temporary financial support granted to one spouse during the divorce process. This is especially crucial for individuals who may not have immediate financial means of their own. The aim is to maintain the status quo and ensure that both parties can manage their living expenses until a final divorce settlement is reached. This type of support can cover necessities such as housing, utilities, and legal fees.

How can I apply for Pendente Lite Support on Long Island?

To apply for Pendente Lite Support on Long Island, NY you need to file a motion with the court in the county where your divorce case is being heard. This motion should include detailed financial information and a clear explanation of why support is necessary. It’s advisable to work with a knowledgeable and experienced attorney who can help you prepare the necessary documentation and represent your interests during the court proceedings.

How is the amount of Pendente Lite Support determined?

The amount of Pendente Lite Support is determined by the court based on several factors, including each spouse’s income, the standard of living established during the marriage, and the needs of the spouse requesting support. The court may also consider the length of the marriage and any financial agreements previously made between the spouses. It’s important to present a comprehensive financial picture to the court to ensure a fair support amount is granted.

Can Pendente Lite Support orders be modified after they are issued?

Yes, Pendente Lite Support orders can be modified if there are significant changes in circumstances, such as a change in income, employment status, or living arrangements. To modify an existing support order, you must file a petition with the court and provide evidence of the change in circumstances. It’s crucial to act promptly and seek legal assistance to navigate this process effectively. Our team at Hornberger Verbitsky, P.C. can assist you with modifications and ensure your rights are protected.

What role does Pendente Lite Support play in the final divorce settlement?

Pendente Lite Support plays a critical role in maintaining financial stability during divorce proceedings, but it also sets a precedent for the final divorce settlement. The temporary support arrangements can influence the final alimony or spousal support decisions. It’s important to work with a skilled divorce attorney to ensure the temporary arrangements reflect your long-term financial needs.

How can Hornberger Verbitsky, P.C. support me through the Pendente Lite Support process?

At Hornberger Verbitsky, P.C., we offer compassionate and expert legal support to individuals dealing with divorce and family law issues. Our experienced team is dedicated to protecting your rights and securing your financial future. With over 40 years of experience in Long Island divorce and family law, we are well-equipped to handle your Pendente Lite Support case efficiently. We provide a detailed case evaluation and work closely with you to understand your unique situation and goals. Call us at 631-923-1910 for a free consultation and let us help you navigate this challenging time with confidence and care. Read testimonials from our satisfied clients on our Client Reviews page or our Google Reviews page.

 

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

Horberger Verbitsky, P.C. partners Robert E. Hornberger, Esq. and Christine M. Verbitsky, Esq.

Horberger Verbitsky, P.C. partners Robert E. Hornberger, Esq. and Christine M. Verbitsky, Esq.

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

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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
  • Full Robert E. Hornberger, Esq. Bio

RECOGNIZED FOR EXCELLENCE BY:

10 Best Family Law Attorney Award 2022 - American Institute of Family Law Attorneys
Avvo 10.0 Rating - Robert Eugene Hornberger Top Divorce Attorney
Super Lawyers Rising Stars - Robert E. Hornberger
5-Star Avvo Reviews – Robert Eugene Hornberger
Lead Counsel Verified Family Law Attorney Badge
Avvo Clients’ Choice Award 2020 – Robert Eugene Hornberger
Lead Counsel Rated Attorney – Verified Professional Distinction
Distinguished Peer Rating 2023 – High Professional Achievement
Google Reviews for Robert Hornberger, Divorce Attorney

Successful Divorce Strategies Free eBook
Child Support & Spousal Maintenance Tools
Spousal Maintenance Calculator
Child Support Calculator
Hornberger Verbitsky, 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.

The Top 5 Factors That Influence Alimony Decisions in Long Island, NY Courts

The Top 5 Factors That Influence Alimony Decisions in Long Island, NY Courts

The Top 5 Factors That Influence Alimony Decisions in Long Island, NY Courts

Introduction to Alimony or Spousal Support

Alimony, otherwise known as spousal support or spousal maintenance, is a payment that one spouse (the higher income earner) makes to the other (the lesser income earner) during or after a divorce to help support them financially. It is usually awarded when one spouse has significantly more income or assets than the other. Here are the top five factors that influence alimony decisions in Long Island, NY courts (although the courts may also consider other factors):

  1. Length of the marriage: Long-term marriages often result in higher alimony payments.
  2. Income Disparity: The difference in income between spouses plays a crucial role in determining alimony amounts.
  3. Standard of Living: The court considers the lifestyle enjoyed during the marriage when deciding on alimony.
  4. Contributions to the Marriage: Non-financial contributions, such as child-rearing or supporting the other spouse’s career, are also taken into account.
  5. Health and Age: The health and age of each spouse can impact alimony decisions, especially if one spouse has health issues or is nearing retirement age.
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These are the top five factors are essential to consider when understanding how alimony is determined in court, but courts on Long Island, NY have been known to also consider things such as

  • The ability of the lesser-earning spouse to become self-supporting in the future
  • Whether the actions of one spouse inhibited the other from obtaining an education or valuable employment during the course of the marriage
  • Whether one spouse wasted marital assets to the detriment of the other spouse

Types of Alimony on Long Island, NY

Alimony, also known as spousal support, can be awarded in various forms depending on the circumstances of the divorce. Here are the common types of alimony you might come across in court:

  1. Temporary Alimony or Maintenance: This type of alimony is awarded during the divorce proceedings to support the financially dependent spouse until a final decision is made.
  1. Rehabilitative Alimony: Intended to support the dependent spouse until they can become self-sufficient, often by completing education or training programs.
  2. Permanent Alimony: As the name suggests, this type of alimony is paid indefinitely or until specific conditions are met, such as the death of either party or remarriage of the recipient. This is a rare situation on Long Island, NY.
  3. Lump-Sum Alimony: Rather than periodic payments, a one-time payment is made to the dependent spouse, providing a clean break in financial ties.

Understanding the different types of alimony available can help you navigate the complexities of divorce proceedings with regard to spousal maintenance issues.

Factors Considered in Alimony Decisions

Courts take several factors into account when deciding on alimony payments. As discussed above, these factors can include the length of the marriage, the income and assets of each spouse, the age and health of each spouse, the standard of living established during the marriage, and the contributions made by each spouse to the marriage as well as others.

Financial Situation of Spouses

The financial situation of both spouses is a key factor that influences alimony decisions in court. Here are some important points to consider:

  • The judge will assess the income and assets of each spouse.
  • Disparities in income between the spouses can impact the amount of alimony awarded.
  • Assets, such as property and investments, will also be taken into account.
  • Standard of living during the marriage may affect alimony decisions.
  • The financial needs of each spouse post-divorce will be considered to ensure a fair arrangement.

Length of Marriage

The length of your marriage plays a significant role in determining alimony payments. Courts generally consider marriages lasting longer periods to be more eligible for alimony. The longer you’ve been married, the more likely alimony will be awarded. This is because longer marriages often involve more significant financial interdependence between partners.

Contribution of Each Spouse During the Marriage

During a divorce, the court considers how much each spouse contributed during the marriage when deciding on alimony. This contribution includes financial support, homemaking, caregiving duties, and any sacrifices made for the benefit of the family. The courts aim to ensure fairness in the alimony decision by evaluating the efforts and roles taken on by each spouse throughout the marriage.

Future Earning Potential

When courts decide on alimony, they often consider the future earning potential of both parties. Factors such as education, work experience, career advancements, and market trends can all play a part in determining the amount and duration of alimony payments. It’s essential to present a clear picture of your future earning capacity to help inform the court’s decision.

Modification of Alimony Orders

Alimony orders can sometimes be modified if there are significant changes in circumstances. Reasons for changes to alimony or support orders could include things like the loss of a job, an increase or decrease in income, or a serious health issue. However, you cannot simply decide you can’t pay as much and reduce your support payments. Your original order needs to be modified by the court or you could face serious legal consequences. To modify an alimony order, you would need to prove to the court that these changes are substantial enough to warrant a modification. Remember, a court will always prioritize what is fair and reasonable for both parties involved.

Conclusion and Final Thoughts

Remember, when it comes to alimony, support or maintenance decisions in court, several factors play a crucial role in determining the final outcome. Your income and your spouse’s income, the length of your marriage, the standard of living during the marriage, each spouse’s age and health, and any contributions made to the marriage are all considered by the court. It’s essential to consult with a legal professional to understand how these factors apply to your specific situation and how they may influence the alimony decision in your case.

How to Get Help in Your Alimony Issues on Long Island, NY

The experienced team of divorce lawyers and family law attorneys at Hornberger Verbitsky, P.C. have been representing Long Islanders like you in alimony, spousal support and spousal maintenance issues for decades. We will protect your rights and assets in all support issues. Contact us at 631-923-1910 or fill out the short form on this page to schedule a free consultation and case evaluation to learn how we can help you.

 

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

Horberger Verbitsky, P.C. partners Robert E. Hornberger, Esq. and Christine M. Verbitsky, Esq.

Horberger Verbitsky, P.C. partners Robert E. Hornberger, Esq. and Christine M. Verbitsky, Esq.

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

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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
  • Full Robert E. Hornberger, Esq. Bio

RECOGNIZED FOR EXCELLENCE BY:

10 Best Family Law Attorney Award 2022 - American Institute of Family Law Attorneys
Avvo 10.0 Rating - Robert Eugene Hornberger Top Divorce Attorney
Super Lawyers Rising Stars - Robert E. Hornberger
5-Star Avvo Reviews – Robert Eugene Hornberger
Lead Counsel Verified Family Law Attorney Badge
Avvo Clients’ Choice Award 2020 – Robert Eugene Hornberger
Lead Counsel Rated Attorney – Verified Professional Distinction
Distinguished Peer Rating 2023 – High Professional Achievement
Google Reviews for Robert Hornberger, Divorce Attorney

Successful Divorce Strategies Free eBook
Child Support & Spousal Maintenance Tools
Spousal Maintenance Calculator
Child Support Calculator
Hornberger Verbitsky, 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.

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.

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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.

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
  • Full Robert E. Hornberger, Esq. Bio

RECOGNIZED FOR EXCELLENCE BY:

10 Best Family Law Attorney Award 2022 - American Institute of Family Law Attorneys
Avvo 10.0 Rating - Robert Eugene Hornberger Top Divorce Attorney
Super Lawyers Rising Stars - Robert E. Hornberger
5-Star Avvo Reviews – Robert Eugene Hornberger
Lead Counsel Verified Family Law Attorney Badge
Avvo Clients’ Choice Award 2020 – Robert Eugene Hornberger
Lead Counsel Rated Attorney – Verified Professional Distinction
Distinguished Peer Rating 2023 – High Professional Achievement
Google Reviews for Robert Hornberger, Divorce Attorney

Successful Divorce Strategies Free eBook
Child Support & Spousal Maintenance Tools
Spousal Maintenance Calculator
Child Support Calculator
Hornberger Verbitsky, 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.

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.

Free New York Divorce Lawyer Consultation

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
  • Full Robert E. Hornberger, Esq. Bio

RECOGNIZED FOR EXCELLENCE BY:

10 Best Family Law Attorney Award 2022 - American Institute of Family Law Attorneys
Avvo 10.0 Rating - Robert Eugene Hornberger Top Divorce Attorney
Super Lawyers Rising Stars - Robert E. Hornberger
5-Star Avvo Reviews – Robert Eugene Hornberger
Lead Counsel Verified Family Law Attorney Badge
Avvo Clients’ Choice Award 2020 – Robert Eugene Hornberger
Lead Counsel Rated Attorney – Verified Professional Distinction
Distinguished Peer Rating 2023 – High Professional Achievement
Google Reviews for Robert Hornberger, Divorce Attorney

Successful Divorce Strategies Free eBook
Child Support & Spousal Maintenance Tools
Spousal Maintenance Calculator
Child Support Calculator
Hornberger Verbitsky, 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.

How Can I Get Alimony Terminated on Long Island, NY?

How Can I Get Alimony Terminated on Long Island, NY?

How Can I Get Alimony Terminated on Long Island, NY?

In many Long Island, NY divorces, a higher-earning spouse may be ordered to pay alimony or spousal support to the other. This is almost always temporary support, but the timing and conditions under which spousal support ends varies between cases. Here’s what to know about the process for getting alimony terminated and how the divorce and family law firm of Hornberger Verbitsky, P.C. can help you navigate it confidently.

Free New York Divorce Lawyer Consultation

When Does Alimony End?

Spousal support, AKA alimony, is designed to help the lesser-earning spouse, who may have  put their career on hold to help raise the family, get back on their feet after their marriage failed. It’s meant to “bridge the gap” between married life and independent living, not usually to support a nondisabled spouse for the rest of their life.

This is a time for the lesser-earning spouse to go back to school, sharpen their skills, and get a new job. Unfortunately, not all alimony recipients treat these payments as they’re intended. Some recipients will try to extend support or conceal the fact that they no longer qualify to receive it in order to continue to have their ex-spouse support them and their lifestyle.

Your ex–spouse may be excluded from receiving alimony if they:

  • Have remarried. If your ex gets married to someone else after your divorce, your alimony agreement can be terminated.
  • Are cohabitating with someone. Even if your ex-spouse hasn’t remarried, they cannot receive alimony if they are living with someone in a romantic relationship.
  • Have died. If your ex-spouse passes away, you can file to have your spousal support order withdrawn.
  • Aren’t actually disabled. If you were ordered to pay ongoing support to a disabled ex-spouse, and can show evidence that they are not disabled, you may be able to have alimony terminated. You may also be able to file a civil suit for damages, including what you previously paid in spousal support.

Filing a Motion to Terminate Spousal Support

Even if you meet the criteria to end your support payments, you can’t stop making them without a court order. This would give your ex-spouse ammunition against you and potentially allow them to have you held in contempt of court for non-payment.

If you believe that your ex is no longer legally entitled to alimony, you’ll need to file a motion to end support. With this filing, you need to include evidence that indicates why your support order should be revoked. A judge will review it and decide if a hearing should be set.

Once your court date arrives, you should be ready to make your case. Then, the judge will decide whether or not to terminate the order. If the judge decides to continue the support order, you will still be legally obligated to make payments. If they decide you are no longer required to make support payments, you can stop making payments once you have the order in hand.

It’s important to file the motion as soon as you learn of circumstances that might allow you to terminate support. For example, if your ex-spouse dies, any payments you make to them after their passing will be assigned to their estate. To get that money back, you would need to go through the probate process, which is long and tedious at best.

What Happens If You Just Don’t Pay Alimony?

As we mentioned above, it’s incredibly risky to stop paying spousal support without notifying the court, even if you believe you have good reason to believe your ex is not entitled to support. A vindictive ex could petition the court for you to be held in contempt, which could cost you a lot of money in fines or even land you in jail for a few days. That’s why it’s crucial to work with a qualified and experienced Long Island family lawyer to file a motion to terminate support before you put away the checkbook.

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

Hornberger Verbitsky, P.C. Can Help You Get Alimony Terminated

At Hornberger Verbitsky, P.C., we know how frustrating it can be to have an ex-spouse that is committed to taking everything you have after the divorce. We have the skills and experience to provide you with comprehensive family legal support throughout the process. If you were ordered to pay alimony and believe you have circumstances that could qualify to have it terminated, contact us as soon as possible to get the filing process started.

Call now at 631-923-1910 or send a quick message to our legal team using the form on this page and we’ll get back with you as soon as possible to answer your questions. We look forward to hearing from 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
  • Full Robert E. Hornberger, Esq. Bio

RECOGNIZED FOR EXCELLENCE BY:

10 Best Family Law Attorney Award 2022 - American Institute of Family Law Attorneys
Avvo 10.0 Rating - Robert Eugene Hornberger Top Divorce Attorney
Super Lawyers Rising Stars - Robert E. Hornberger
5-Star Avvo Reviews – Robert Eugene Hornberger
Lead Counsel Verified Family Law Attorney Badge
Avvo Clients’ Choice Award 2020 – Robert Eugene Hornberger
Lead Counsel Rated Attorney – Verified Professional Distinction
Distinguished Peer Rating 2023 – High Professional Achievement
Google Reviews for Robert Hornberger, Divorce Attorney

Successful Divorce Strategies Free eBook
Child Support & Spousal Maintenance Tools
Spousal Maintenance Calculator
Child Support Calculator
Hornberger Verbitsky, 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.

Free New York Divorce Lawyer Consultation

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
  • Full Robert E. Hornberger, Esq. Bio

RECOGNIZED FOR EXCELLENCE BY:

10 Best Family Law Attorney Award 2022 - American Institute of Family Law Attorneys
Avvo 10.0 Rating - Robert Eugene Hornberger Top Divorce Attorney
Super Lawyers Rising Stars - Robert E. Hornberger
5-Star Avvo Reviews – Robert Eugene Hornberger
Lead Counsel Verified Family Law Attorney Badge
Avvo Clients’ Choice Award 2020 – Robert Eugene Hornberger
Lead Counsel Rated Attorney – Verified Professional Distinction
Distinguished Peer Rating 2023 – High Professional Achievement
Google Reviews for Robert Hornberger, Divorce Attorney

Successful Divorce Strategies Free eBook
Child Support & Spousal Maintenance Tools
Spousal Maintenance Calculator
Child Support Calculator
Hornberger Verbitsky, 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.

Free New York Divorce Lawyer Consultation

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
  • Full Robert E. Hornberger, Esq. Bio

RECOGNIZED FOR EXCELLENCE BY:

10 Best Family Law Attorney Award 2022 - American Institute of Family Law Attorneys
Avvo 10.0 Rating - Robert Eugene Hornberger Top Divorce Attorney
Super Lawyers Rising Stars - Robert E. Hornberger
5-Star Avvo Reviews – Robert Eugene Hornberger
Lead Counsel Verified Family Law Attorney Badge
Avvo Clients’ Choice Award 2020 – Robert Eugene Hornberger
Lead Counsel Rated Attorney – Verified Professional Distinction
Distinguished Peer Rating 2023 – High Professional Achievement
Google Reviews for Robert Hornberger, Divorce Attorney

Successful Divorce Strategies Free eBook
Child Support & Spousal Maintenance Tools
Spousal Maintenance Calculator
Child Support Calculator
Hornberger Verbitsky, 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

Are you going through a divorce in New York and wondering how to avoid paying alimony in New York? 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 to avoid alimony in New York and how Hornberger Verbitsky, P.C. can assist in this process.

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