SPOUSAL SUPPORT

Spousal support calculations in New York State divorce proceedings are complex and are based upon many factors, including the statements of net worth that are prescribed in New York’s divorce statutes.   O’Brien & Associates attorneys have decades of experience and knowledge concerning New York State’s spousal support laws, rules, and regulations.  We have particular expertise evaluating financial information that is prescribed by the courts.    O’Brien & Associates attorneys are committed to ensuring that your support objectives receive thorough and comprehensive attention so that you may obtain a fair and just support agreement taking into account property, business ownership, income, savings, and all related financial factors that affect your family’s economic circumstances.   .

Temporary Spousal Support and Long-Term Support

There are two types of spousal support in New York: temporary spousal support and a final order of support. Temporary spousal support may be awarded while a divorce case is pending. Long-term spousal support is awarded at the conclusion of the case for a specific amount and period of time, or in some cases for a lifetime.

If long-term support is awarded in the divorce, the amount may be different from the amount for the temporary award. The long-term award will factor in the need for support, the other spouse’s ability to pay, the length of time of the marriage, a party’s ability to work, whether a child support award is made, and more. The law in this area continues to evolve. The guidelines have become more formulaic, and the current statute is based primarily on income history and the length of the marriage.

The differences between the types of support, and how each factor is considered under the guidelines, can be complicated and difficult to understand. At O’Brien & Associates, we are committed to thoroughly explaining the guidelines, understanding the issues and precedents, and in setting realistic expectations for our clients.