Alimony and Spousal Maintenance Attorney in New York, New York
What factors does the court consider when determining spousal support?
What factors does the court consider when determining spousal support?
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The court will consider several factors, including the age and health of the parties, the duration of the marriage, and the lifestyle of each party. Lifestyle can be a tricky factor; while it is important, it does not necessarily mean that one spouse will have to fund the other’s lifestyle exactly as it was during the marriage. Often, individuals seeking spousal support believe that their spouse should be able to match their previous standard of living dollar for dollar. However, this may not be feasible after separation, as there are now two households, and additional expenses need to be accounted for.
The income of both parties and their ability to work are also critical considerations. The court may examine whether domestic violence played a role in inhibiting one party’s ability to work, as this can impact the outcome of the case.
Another important aspect of determining maintenance, alimony, or spousal support is the equitable distribution received by each party. For instance, if one party receives millions of dollars in equitable distribution, that amount could generate significant income, influencing the imputed income for spousal support calculations.
For example, if someone is awarded $5 to $10 million in equitable distribution, they could expect an annual income ranging from $250,000 to $500,000, as this would typically be classified as investment income. It is important to note that spousal support is not taxable and is not tax-deductible at the federal level. Therefore, the court must consider this income when calculating support obligations, along with any other factors deemed relevant to the case.
New York, NY family law attorney Lisa Zeiderman talks about the factors the court considers when determining spousal support. The court considers several factors when determining spousal support, including the age and health of the parties, the duration of the marriage, and the lifestyle of each party. Lifestyle is a complex factor; while it is significant, it does not imply that one spouse must sustain the other’s standard of living exactly as it was during the marriage. Individuals seeking spousal support often believe their spouse should be able to match their previous lifestyle dollar for dollar. However, this may not be feasible after separation, as two households now exist, along with additional expenses.
The income of both parties and their ability to work are also critical considerations. The court may investigate whether domestic violence affected one party’s ability to work, as this can influence the case’s outcome.
Another crucial aspect in determining maintenance, alimony, or spousal support is the equitable distribution awarded to each party. For instance, if one party receives millions of dollars in equitable distribution, that amount could generate significant income, affecting the calculations for imputed income in spousal support.
For example, if a party is awarded between $5 million and $10 million in equitable distribution, they might expect to earn an annual income of $250,000 to $500,000, typically classified as investment income. It is important to note that spousal support is not taxable and is not tax-deductible at the federal level. Therefore, the court must factor in this income when calculating support obligations, along with any other relevant factors.
