Payments that are paid by one divorcing/divorced spouse to the other are referred to as spousal support (the terms alimony/palimony are outdated). These payments are made both temporarily during the pendency of a divorce in many cases and then for a specified period of time following the divorce.
The amount and duration of spousal support is determined based on the facts of each unique case. Courts consider many factors in making their decision including the standard of living the couple enjoyed while married, the income of both or either spouse, the marital property involved, the length of the marriage, the age and health of both parties, and various other financial resources such as inheritances. The payment is typically tax-deductable to the paying spouse and taxed as income to the receiving spouse.
In almost all situations, a party should not expect to receive financial support for the remainder of his or her life (another outdated concept). The purpose of spousal maintenance is to assist a spouse until he or she is capable of supporting him or herself. If circumstances in life change after a determinate is made, especially in light of recent changes to the law, then modifying the support order may be possible.
At the Law Offices of Seidner & Associates, PC our New York spousal support attorneys frequently handle cases and our experience has helped many clients obtain optimal results. Whether you are seeking spousal support or must provide support, or seek to modify a prior order, we welcome the opportunity to evaluate your unique situation and provide sophisticated legal representation.