Understanding Spousal Support in New York

Understanding Spousal Support in New York

Divorce proceedings can be challenging for spouses, especially when considering spousal support or alimony. The question of how much a spouse will receive or pay in spousal support is usually a source of contention, and the answer varies depending on various factors. If you reside in New York, this article will provide you with insightful information on factors that courts consider when determining spousal support, how spousal support is calculated, obligations, and options available to spouses who may be unable to make payments, and how Sayegh & Sayegh can be of assistance.

Factors Courts Consider When Determining Spousal Support: 

Spousal support is an amount paid to a spouse to maintain the standard of living they enjoyed during their marriage. When determining spousal support, a court will consider multiple factors that can affect support’s award and duration. The age and health of each spouse, their financial needs and earning capacities, the length of the marriage, and the assets and debts of each spouse are all taken into account in New York. Additionally, the court may consider the equitable distribution of marital property and the tax impact of support payments.

How Spousal Support is Calculated:

New York courts use two formulas to calculate spousal support. The first formula, often used in marriages of 15 years or less, involves the subtracting of 20% of the lesser-earning spouse's income from 30% of the higher-earning spouse's income. The second formula applies to marriages of more than 15 years, and it is more complicated. It considers multiple factors such as child support, tax implications, and one or both spouse's ability to work in the future. It is essential to note that the amount of spousal support is determined regarding the needs of a spouse. A New York court can award spousal support for a limited or indefinite duration, depending on the circumstances surrounding the divorce case.

What Happens if Unable to Pay Spousal Support:

If you are unable to meet your spousal support obligations, you risk default and other consequences. The Court may issue a warrant for your arrest, charge interest or penalties on unpaid amounts, or garnish your wages or bank account. However, the court can also consider a change in circumstance and adjust the payment amount or duration of payment to relieve the financial pressure reasonably. If you are unable to make payments, it is crucial to communicate with your attorney, as they may be able to assist in negotiating with your spouse.

Options for Ex-Spouses Refusing to Pay Spousal Support:


If your ex-spouse refuses to pay spousal support, there are legal options available to you. You can hire a lawyer to assist you in enforcing the court order, such as filing a motion with the court to hold your spouse in contempt. The court may impose penalties such as monetary fines or jail time, or it may adjust the payment terms to aid in the collection of unpaid spousal support.
Going through a divorce can be emotionally and financially taxing, especially when contemplating spousal support. It is essential to understand the factors a court considers when determining spousal support, how it is calculated, and the options available to spouses who are unable to pay or ex-spouses who refuse to pay. At Sayegh & Sayegh, we understand that divorce is an overwhelming experience, and we are here to ensure we offer you clarity and support in handling your divorce matters. Contact us today for assistance in any divorce matter in Yonkers.