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Alimony / Spousal Support FAQ for Long Island

Alimony / Spousal Support FAQ for Long Island

Frequently Asked Questions About Alimony or Spousal Support

aliminy faqs answered Long Island NY

Alimony, also known as spousal support, is commonly ordered in a Long Island divorce. Here are answers to your most frequently asked questions about New York alimony:

What is Alimony / Spousal Support?

Alimony is a court-ordered provision or allowance from the higher-earning spouse to the lower-earning spouse during and after a divorce. It is similar to child support in that you can be legally held accountable if you don’t make scheduled payments, but unlike child support, it can be included in a prenuptial or postnuptial agreement.

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When Can You Stop Paying Alimony on Long Island?

When Can You Stop Paying Alimony on Long Island?

When Can You Stop Paying Alimony on Long Island?

Alimony, also called spousal support or spousal maintenance, is a payment made from the higher earning spouse to the lower earning spouse during and after a divorce. These payments are intended to help bridge the income gap while the lesser earning spouse learns to function independently.

3 Different Types of Alimony in New York

There are three different types of alimony:

#1. Temporary Alimony

Temporary alimony is often awarded immediately after filing for divorce when the lesser earning spouse reveals a financial need. This type of maintenance is usually very short-lived and is re-evaluated during the divorce process.

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I Can’t Afford Alimony — What Do I Do?

I Can’t Afford Alimony — What Do I Do?

I Can’t Afford Alimony — What Do I Do?

Alimony, often called spousal support or spousal maintenance, is a payment made from the higher-earning spouse to the other for the purpose of providing temporary financial assistance to a lesser-earning spouse during and after a divorce. Support payments typically continue until the lesser-earning spouse is able to support themselves financially.

If ordered to pay spousal maintenance, what happens if you can’t afford it? Fortunately, you do have legal options to reduce your alimony payments if they’re higher than what you can feasibly pay. (more…)

How is Alimony Taxed on Long Island?

How is Alimony Taxed on Long Island?

How is Alimony Taxed on Long Island?

Alimony, also called “spousal maintenance” on Long Island, is a payment usually made from the higher earning spouse to the other to replace a portion of lost income until the lower earning spouse is able to financially support themselves independently. Often, one spouse will give up career opportunities while the other pursues theirs to keep the home and/or take care of children, leaving them at a distinct financial disadvantage in the event of a divorce. Spousal maintenance was originally designed to bridge that gap, and since its inception, many laws have been created to govern how and when alimony is paid and taxed. (more…)

Lost Your Job? Can You Reduce Your Child Support or Alimony Payments?

Lost Your Job? Can You Reduce Your Child Support or Alimony Payments?

Lost Your Job? Can You Reduce Your Child Support or Alimony Payments?

Once you’ve been ordered to pay child support or alimony by a Long Island court, there are very few circumstances in which you can stop or even lower your payments. One of these is if you lose your job. However, this does not mean that as soon as you lose your job that you can simply stop making child support or alimony payments — doing so could cause you a great deal of trouble. Here’s what you should do if you’re making child support or alimony payments on Long Island and lose your job or receive a reduction in salary. (more…)

Spousal Maintenance, aka Alimony, Variations on Long Island

Spousal Maintenance, aka Alimony, Variations on Long Island

Spousal Maintenance, aka Alimony, Variations on Long Island

Spousal Maintenance, otherwise or formerly known as Alimony, plays a significant part in a majority of Divorce Proceedings handled on Long Island. Spousal maintenance is a creature of statute, and, as such is typically determined by following a formula. However, in certain cases, the courts in Nassau and Suffolk counties can deviate from the statute in a few different ways.

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Penalty for Violation of Automatic Orders on Long Island

Penalty for Violation of Automatic Orders on Long Island

Penalty for Violation of Automatic Orders on Long Island

In every divorce on Long Island, when the summons and complaint are served upon the defendant there are matrimonial Automatic Orders included. The basic premise behind these orders is to maintain the status quo during the pendency of a divorce. Both parties are bound by the Automatic Orders and must refrain from transferring or encumbering real and personal property and retirement funds, the accumulation of unreasonable debt, and changes in beneficiaries on existing health and life insurance policies. (more…)

How Remarriage Impacts Your Long Island Divorce Settlement

How Remarriage Impacts Your Long Island Divorce Settlement

How Remarriage Impacts Your Long Island Divorce Settlement

Many clients come to our Long Island Divorce Law firm after their divorce with questions about the impact of a remarriage on the terms of their divorce. There are many people out there who, after obtaining their Long Island Divorce, have found themselves in a new relationship and wish to remarry. Often, this new dynamic results in many questions from those who have been previously divorced. While your remarriage will certainly change some aspects of your divorce, others will remain the same. Below are two of the most pressing topics regarding your divorce and a subsequent remarriage.

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Long Island Spousal Maintenance (Alimony) Questions Answered

Long Island Spousal Maintenance (Alimony) Questions Answered

Long Island Spousal Maintenance (Alimony) Questions Answered

As experienced Long Island Divorce and Family Law Attorneys, some of the most often asked questions surround the issue of Spousal Maintenance or Alimony. Our clients are very concerned about this issue and routinely ask if they are entitled to it, will they be required to pay it, and if so, how much will they be required to pay. This post will provide you with an outline of the topic of Spousal Maintenance, or Alimony as the rest of the country calls it, so that some basic questions are answered. (more…)

Children of Same-Sex Couple are ‘Children of Marriage’ in NY

Children of Same-Sex Couple are ‘Children of Marriage’ in NY

Children of Same-Sex Couple are ‘Children of Marriage’ in NY

As discussed in previous Paternity blog posts, on Long Island, New York there exists a presumption of legitimacy for children born “of the marriage.” This means that any child born by the wife during the marriage will be presumed to be the husband’s child. Recently, a New York court has extended that presumption to children born of a same-sex marriage.

What is a Presumption of Legitimacy? (more…)