New York Prenup Attorney Discusses Temporary Spousal Support
Spousal maintenance (also commonly known as alimony or spousal support) is monetary support that is paid by one spouse to the other spouse during or after divorce. It is possible for the court to order one spouse to pay the other spouse a specified sum for a certain period of time.
Back in the day, it was common that the court would order the ex-husband to pay their ex-wife alimony in divorce cases, however, times have now changed and currently either spouse can be ordered by the court to pay support to the other person.
The thought process behind spousal maintenance is to obligate one spouse to pay the other spouse until that spouse is able to support themselves financially. Usually, the support is temporary unless there are extenuating circumstances such as illness.
The state of New York temporary spousal support statute has a 2-step formula that the courts apply during a contested divorce when the income of the spouses is disparate. When the Court applies the formula, it may be determined that the higher earning spouse has to pay support to the lower income spouse during the pendency of the divorce. In addition, the court may award legal fees to be paid by higher income spouse to the attorneys for the lower income spouse. The intent of the temporary spousal support statute is to create an equal playing field for both spouses so that the lower income spouse will not have a reason to drag out the divorce.
In a prenuptial agreement, both parties can, if they choose, agree to waive any claims of spousal support from each other. They are also able to create their own formula for determining spousal support as long as they take the duration of the support and financial amount into consideration.
Contact a New York Prenup Attorney to Learn More About Temporary Spousal Support
Contact the Sabra Law Group today to learn more about spousal support and the formula used to calculate temporary spousal support at (646) 472-7971.