What is spousal support?

After you've discussed child custody and support, you might discuss spousal support. Often times when a marriage ends, the impact on your lifestyle is a big concern. Spousal support is a way to reduce the unfair economic effects brought on by a divorce. This support is sometimes called alimony or maintenance. It is paid by one partner to the other for financial support following a divorce. Spousal support is generally paid on a monthly basis, just like child support, but you may receive it as a lump sum depending on how much is required.

You or your spouse may be required to pay spousal support to help compensate a spouse in financial need due to the divorce. However, if you are receiving spousal support, you have an obligation to become self-supporting if you can. Either spouse can ask for spousal support, but in most cases, it is requested by the spouse with the lower income.

Spousal support is determined by the Court and based on the length of the marriage in New York State.

0-15 Years-> 15-30% of length of marriage-> 1 Week-4.5 Years

15+ Years-> 30-40% of length of marriage-> 4.5-8 Years

20+ Years-> 35-50% of length of marriage-> 7 Years and Up

If your spouse is required to pay both child support and spousal support, they can do so at the same time each month. However, if there is financial difficulty, child support is required to be paid first. 

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Spousal support is not a minor issue. Nathan D Pace PC, an experienced divorce lawyer serving the Albion, Lockport, and Medina, NY areas, can guide you through the process and protect your legal rights. He will work closely with you through the whole case, giving you the guidance and support you need while you deal with this difficult transition. If you have questions about spousal support or would like to start a case today, contact our divorce lawyer.