Manhattan Alimony & Spousal Support Attorney

Establishing, Enforcing, and Modifying Spousal Support Orders in New York City

Alimony in New York may be awarded to either spouse. If you wish to be eligible for alimony, you must request it in your complaint or when you submit your answer to a divorce petition.

The Law Office of Julio E. Portilla, P.C. has extensive experience advising clients about legally mandated payments that are outgrowths of family law, such as:

Alimony/spousal support
Maintenance
And more

Either spouse in a divorce case can request alimony. The court determines whether or not the spouse will receive alimony based on many factors, such as the financial situation of each party, duration of the marriage, the need for alimony, and more. Your divorce attorney can advocate on your behalf to protect your financial concerns.

Our New York law firm has extensive experience helping clients with complex spousal support issues. When you contact our divorce lawyers, we will evaluate your financial needs, whether you are paying or receiving spousal support, and explain all the statutory guidelines that go into play when the family law court considers alimony awards. If the payor’s income has significantly changed or there has been a substantial change to this recipient spouse’s financial situation, we can also help modify a spousal maintenance award to better suit your earning capacity and ability to pay.

The divorce process is complicated on its own without taking into consideration temporary or permanent spousal support obligations. If you are trying to avoid paying spousal support or are the supported spouse in need of greater financial assistance, our law office is here to lend valuable legal assistance. Schedule your free initial consultation with a New York spousal support lawyer today.

What Are Different Types of Alimony in New York State?

There are different types of spousal maintenance that can be awarded during a divorce case:

Temporary support: One spouse pays this to the other while the divorce case is ongoing and ends when the court issues a final divorce order. In some cases, temporary maintenance will end, and permanent maintenance may take its place.
Rehabilitative maintenance: If the spouses’ incomes, job skills, and earning ability are significantly different, a judge may order rehabilitative maintenance to provide one ex-spouse with financial support after a divorce. To learn more about rehabilitative support, please contact our law firm.
Permanent maintenance: These are payments ordered by the court after a divorce is finalized and will last a certain amount of time, depending on many factors. Permanent maintenance is typically granted in long marriages or those with big discrepancies in income.

The type of spousal support that will be ordered will depend on various factors in the legal system. For example, expectations and changes to financial circumstances may decide whether to award temporary or permanent alimony. To discuss your financial future and any questions or concerns you may have about divorce proceedings or alimony payments, please contact a professional lawyer at our firm today.

Do You Have to Pay Alimony if You Already Pay Child Support?

While child support and spousal support obligations are very separate, they can nonetheless impact each other. Depending on the relevant facts of the case, the lower-earning spouse may be entitled to both child support and alimony payments if the custodial parent is economically dependent on the other parent.

New York family law courts consider spousal support during the calculation of child support obligations by adding spousal maintenance to the recipient’s net income and then deducting it from the paying spouse’s net income. So, even though they are separate, they can still play a part in calculating one or the other.

To better understand child support payments and the court’s decision to award spousal support, please contact our law firm to discuss your financial resources and unique needs with our legal team.

How Are Alimony Payments Calculated in NYC?

The amount of spousal support is dependent upon several factors, including but not limited to:

An estimation of how long the recipient spouse will need to become financially self-supporting
If there were any children, questions about child support and custody would be considered
Individual assets of either spouse, as well as shared marital assets
Mental and physical condition of either spouse. Poor health may be a primary factor in the decision-making process of the family court
Questions about how long the recipient needs to obtain employment
The age and life expectancy of each spouse
The disparity in the parties’ incomes
The income-earning capacity of both parties
The length of the marriage
The lifestyle each party was accustomed to during the marriage
The likelihood of the receiving spouse becoming financially independent
The professional skills and education level of the financially disadvantaged spouse

The court will consider several other factors as well when making a determination.

Statutory guidelines in New York were created to make spousal support awards more consistent across the board, but judges are allowed to deviate from the guidelines as they see fit. The family court is given a certain amount of latitude when deciding the final spousal support award if certain factors deem it necessary.

It is possible for divorcing spouses to reach an agreement without the intervention of the legal system. However, any spousal support agreement must be considered fair and reasonable in the court’s eyes.

How Do Spousal Support Issues Affect Taxes in New York City?

Spousal maintenance can affect your taxes. Under federal law, the paying spouse can no longer deduct payments from their taxes, and the recipient spouse is not required to report alimony payments as taxable income. However, New York law differs in some ways.

In New York, spousal support is still considered taxable income for the paying spouse. The receiving spouse must also report spousal support payments as income on their taxes.

Things get complicated for divorcing spouses who are filing both federal and state taxes. Depending on the facts of the case, you may owe more or less in taxes, depending on whether you are the recipient or the payor spouse.

To ensure that your taxes are filed correctly and that you are not violating federal or state laws, it is highly recommended that you seek professional legal guidance from experienced attorneys in these practice areas. Our law firm can lend valuable legal assistance to ex-spouses concerned about how spousal support payments affect their tax obligations.

Can Infidelity or Other Family Law Issues Make Permanent or Temporary Spousal Support More Likely?

In some states across the country, adultery bars the cheating spouse from recovering any sort of alimony award. In New York, infidelity is not considered when making spousal maintenance awards.

With that said, however, if the spouse engaged in an extramarital relationship uses marital property and assets for the benefit of their love interest, the court may calculate those expenses when determining reimbursement support. Essentially, if the cheating spouse used a great deal of marital income for their affair, the other spouse may recover a larger portion of marital property during equitable distribution or in a post-divorce financial settlement.

To learn more, please contact our law firm to schedule your free, no-obligation case evaluation with the attorney and his legal staff today.

What Are Different Structures for Paying Post-Divorce Financial Support to the Other Spouse?

Spousal support payments can be structured and ordered in several different ways, each depending upon the original agreement between the divorcing spouses or the court’s determinations.

One option is to provide a one-time lump payment to the recipient spouse in place of ongoing spousal support payments. Lump sum payments can be useful in divorce cases where the paying spouse prefers to settle their obligations once and for all, allowing them to sever their financial ties to each other and get on with their lives.

The most common structure is for the paying spouse to provide periodic payments, usually on a monthly basis. The periodic monthly payment structure provides the recipient spouse with a steady income stream, which can make it easier for the paying spouse to manage their financial resources over time.

A family court may order the transfer of marital property as part of a spousal maintenance agreement in addition to or instead of financial support. This may sometimes include transferring ownership of real estate, stocks, investments, business interests, and other assets.

How Long Does Spousal Maintenance Last and Can It Be Terminated?

Unlike child support, the length of time that spousal maintenance is required depends primarily on the length of the marriage. Longer marriages may require a longer period of maintenance.

The guidelines suggest a range for spousal support awards based on the length of the marriage. For example, in a marriage lasting 0 to 15 years, a percentage of 15 to 30% of the marriage length is recommended for the duration of spousal support. In marriages that lasted between 15 years and two decades, the guidelines suggest 30 to 40% of the marriage length for ongoing maintenance. For marriages that lasted over 20 years, the guidelines suggest 35 to 50% of the marriage length for the duration of spousal support.

If the spouse receiving payments remarries or passes away, that will also end spousal support payments. Cohabitation with a domestic partner or dramatic changes in financial circumstances may also give rise to a cause for spousal support termination.

How Can a Family Lawyer Defend Your Financial Interests?

To ensure your rights and best interests are protected throughout the process, whether you’re the payor or the receiver, contact our Manhattan alimony attorney for help.

When you do, you’ll be paired with an attorney who:

Has 15+ years of legal experience
Offers same-day consultations, after-hours appointments, and weekend consultations by appointment
Provides legal services in English, Spanish, and French
Offers a free consultation (phone or video)

To contact our Manhattan spousal support lawyer, dial 917-924-9790 or submit an online contact form here. We proudly serve Manhattan and the surrounding areas of Brooklyn and Queens.

What Are Potential Defenses to Help You Avoid Alimony in Your Divorce Case?

Alimony, like child custody or child support, is hotly contested in most divorce proceedings. The spouse who has been ordered to provide alimony may wish to challenge this necessity.

Possible reasons to deny spousal support to the lower-earning spouse include, but are not limited to, the following:

Abuse and domestic violence
Allegations of marital misconduct or adultery
Bigamy
Family abandonment
Felony conviction and incarceration
Harsh and unusual cruelty
Humiliation and emotional abuse

When alimony is contested, the family law judge will make the final determination. You and your attorney will explore all options and arguments to help limit the necessity of spousal maintenance in your divorce case.

What if the Divorcing Spouses Had a Prenuptial or Postnuptial Agreement?

Payments such as a prenuptial or postnuptial agreement are legally binding contracts that individuals enter into either before or after marriage. The primary purpose of a prenup or postnup is to outline the division of assets and debts and the necessity of spousal support in the event of a legal separation, divorce, or death.

If a prenuptial or postnuptial agreement addresses alimony, it will be considered legally binding as long as it is executed correctly.

Many prenuptial and postnuptial agreements address the need for spousal support. In some cases, the marital agreement may state that neither party will be entitled to spousal support. For others, spousal support may be provided for a certain number of years, at which point the arrangement terminates.

Contact Our Law Office to Request a Free Consultation with an Experienced Manhattan Alimony and Spousal Support Lawyer Today

In addition to helping you fight for the alimony arrangement you deserve during initial divorce proceedings, an experienced Manhattan spousal support attorney can also assist you in requesting modifications if your financial circumstances have significantly changed. Our experienced legal team is devoted to helping clients with complex issues in the pursuit of the most satisfactory outcomes to their legal matters.

We are a full-service law firm providing legal assistance in various areas of the law. After we have represented you in your divorce case and helped you obtain the alimony arrangement you desire, we can also assist you in other legal issues if necessary.

To learn more about the benefits of retaining our legal representation, please contact our law office to schedule your free case review with the attorney and his team today. You can reach us at 917-924-9790.