Understanding How Spousal Support Works In Your Divorce

Many divorces include an order directing one spouse to pay the other spouse what's known as spousal support. This support, also known as maintenance or alimony, can be temporary or long term. A spousal support and maintenance attorney must understand how to protect your interests and get the best support arrangement for you.

A court will decide how much support, if any, to grant, and for how long, based on the particular facts of the case, such as:

  • Income disparity between the parties
  • Relative earning potential
  • Duration of the marriage
  • Health of the parties
  • Young children at home

A court can order temporary maintenance or support while the divorce is being litigated, often based on a set formula recently established in New York unless the application of the formula would be unjust or inappropriate. At The Law Office of Linda DiPasquale, I will work hard to ensure that you receive or do not pay more than you should. I represent both men and women, payers and recipients of maintenance or spousal support.

Helping You Meet Your Unique Needs

I know that the best way to help you is to listen to you first. How do you live? What are your commitments? What are your needs, and what will it take to address those needs? By being a good listener, I learn enough about you, your needs and your circumstances to be able to advocate for a fair support order — whether you're the payer or recipient of the support.

By learning the facts and presenting them persuasively, I can help the court make a decision about spousal maintenance that's best for you. Spousal support is taxable to the recipient and tax deductible to the payer as of September 1, 2018, so I carefully review the tax implications, as well as the cash flow consequences, of how your settlement is structured. Sometimes, for example, it makes financial sense to waive maintenance in favor of a transfer of property. I make sure you can make informed decisions that work best for your future. The law regarding the taxability of maintenance is set to change in 2019.

Get Advice For Your Case From An Experienced Lawyer

To learn more about spousal support and how it may affect you, call me at 716-800-2591 or contact my office online to schedule a consultation. The Law Office of Linda DiPasquale is centrally located in downtown Buffalo, one block from the family and supreme courts.