Spousal support can be major source of conflict in divorce

On Behalf of | Apr 10, 2019 | Divorce, Firm News |

Spousal support is often a major sticking point during the dissolution of a marriage. However, it is often not determined till later on in a couple’s divorce proceeding. Here is a glimpse at how spousal support is handled during a divorce proceeding in New York.

Spousal support’s aim is to limit the unjust economic impact that one of the spouses may experience following divorce, if he or she did not earn money or earned less income than the other party did. The quantity of spousal support to which a divorcing individual is entitled is based on state law. As a general rule of thumb, the support calculation is made using a few factors, including the need of the recipient’s spouse and the payor spouse’s capability of paying.

Other factors that play a role in the spousal support amount is the marriage’s length, the previous lifestyle of the couple, and both spouses’ health and age. The court also typically takes into consideration non-marital property. In addition, the court looks at whether young children happen to be involved in the divorce proceeding before determining what the spousal support amount should be.

The best situation when dealing with spousal support or other issues — such as property division — during divorce is for both spouses to find common ground in these areas. In this situation, they can put together a mutually satisfactory agreement that addresses these divorce issues. Meanwhile, if they cannot agree on these issues, they must depend on the court to decide these issues for them. Either way, an attorney in New York can provide a divorcing spouse with the guidance needed to pursue the most personally beneficial outcome possible.


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