Spousal support, or alimony, is a part of many divorces. Spousal support exists so that one partner can continue living comfortably until they can support themselves. If you are going through a divorce, you might be wondering if you or your spouse is eligible for support or obligated to pay. At Simonetti & Associates, our divorce lawyer in Southampton is well-versed in this area and can help you through this process to achieve your desired outcome.
What Is Spousal Support?
In New York State, there are several types of spousal support available, including:
- Temporary – Temporary maintenance is paid to one spouse during the divorce process and ends when the judge creates a more permanent award or issues a final divorce order.
- Rehabilitative – Rehabilitative maintenance is common if the spouses significantly differ in their job skills and income. The courts will grant rehabilitative support in situations where one spouse cannot enter the workforce and support themselves after the divorce. This support is temporary and common when one parent leaves the workforce to care for a family.
- Permanent – Permanent support is paid from one spouse to the other after the divorce is finalized. The court will determine the length of support based on various factors, including the length of the marriage, cases where the spouse can’t otherwise become self-sufficient, and cases where there is a large discrepancy in each spouse’s income.
Our divorce lawyer in Southampton can help you understand the alimony process and determine if you qualify for support or need to pay support.
How Long Does Alimony Last?
Spousal support can be either “durational” or “non durational,” depending on the case. In New York State, the divorce court may determine the length of post-divorce support by using these guidelines:
- Marriages lasting 0-15 years – Spousal support should last 15-30% of the length of the marriage.
- Marriages lasting 15-20 years – Spousal Support should last 30-40% of the length of the marriage.
- Marriages lasting longer than 20 years – Support should last between 35-50% of the length of the marriage.
Non Durational support is usually permanent, and typically does not end until the recipient spouse remarries or either spouse dies.
Contact Our Divorce Lawyer in Southampton
In many cases, both spouses can reach a joint agreement that determines the amount of support each party receives. If you and your spouse can’t reach an agreement, it’s best to bring in a divorce lawyer in Southampton. At Simonetti & Associates, we have decades of experience advising clients across Long Island on how to handle these issues. To learn more about spousal support, schedule a consultation with us today!