Manhattan spousal support attorney Richard Roman Shum (https://www.romanshum.com/manhattan-spousal-support-lawyer/) of the Law Office of Richard Roman Shum, Esq., provides valuable insights into the complex aspects of spousal support during and after divorce in New York. Managing spousal support during or after a divorce can be challenging, especially in Manhattan, where financial considerations often play a critical role in the process. In a recent article, Shum offers guidance to individuals handling this challenging aspect of family law.
Spousal support, also known as spousal maintenance or alimony, is designed to help a financially dependent spouse maintain an adequate standard of living during and after a divorce. As Manhattan spousal support attorney Richard Roman Shum explains, “The primary goal of spousal support is to mitigate the economic effects of divorce by providing continuing income to the non-wage-earning or lower-wage-earning spouse.” This financial assistance acknowledges the sacrifices one partner may have made, such as forgoing career opportunities, to support the family or the other spouse’s career advancement.
At the core of New York’s spousal support laws is the goal of fairness. The Manhattan spousal support attorney emphasizes that courts in New York follow detailed legal guidelines to determine spousal support amounts, balancing formulas with the specific circumstances of each case. Factors such as the length of the marriage, the income and earning capacities of each spouse, and contributions to the marriage, whether financial or as a homemaker, are all carefully considered.
In modern times, spousal support laws have moved away from traditional gender biases. As Richard Roman Shum points out, the courts in New York base their decisions on financial realities rather than outdated stereotypes. Men, for example, can receive spousal support if they demonstrate a financial need or have made significant contributions to the marriage that impacted their earning potential.
This shift reflects broader societal changes, where dual-income households and shared caregiving responsibilities are increasingly common. Shum notes that “the focus in determining eligibility for spousal support is squarely on the economic realities that follow a divorce,” helping ensure that fairness prevails regardless of gender roles.
The calculation of spousal support in New York is based on statutory formulas, which are adjusted to account for factors such as child support obligations. Richard Roman Shum explains how these formulas are used to determine both temporary and post-divorce maintenance. For instance, when child support is not a factor, the calculation subtracts 20% of the recipient’s income from 30% of the payor’s income. The goal is to arrive at a fair and consistent amount that reflects the financial needs and capabilities of both parties.
However, Shum highlights the importance of judicial discretion. Courts can adjust the formula-based amounts to account for unique circumstances, such as significant disparities in standard of living or long-term health issues. This flexibility allows spousal support arrangements to be tailored to the specific needs of each case.
Richard Roman Shum provides an in-depth overview of the various types of spousal support available in New York. Temporary (pendente lite) support, for instance, is intended to provide financial stability during the divorce process. Post-divorce support, which may be durational or non-durational, is designed to help the receiving spouse transition to financial independence or address long-term financial needs. Other forms, such as rehabilitative and reimbursement support, reflect the diverse circumstances of divorcing couples and aim to promote fairness and self-sufficiency.
Circumstances often change after a spousal support order is issued, necessitating modifications. Richard Roman Shum explains that substantial changes in income, health, or living arrangements can warrant adjustments to the support arrangement. For example, remarriage or cohabitation by the recipient may lead to a reduction or termination of support. Enforcement of spousal support orders is another critical area, with courts empowered to use measures such as income garnishment or property liens to maintain compliance.
Understanding the tax implications of spousal support is essential for both paying and receiving parties. Shum highlights that under current federal tax laws, spousal support payments are neither deductible by the payer nor taxable as income for the recipient for agreements made after 2018. This change underscores the need for accurate legal and financial planning during divorce proceedings.
Spousal support is a multifaceted legal issue that requires careful consideration and professional navigation. Richard Roman Shum’s dedication to providing clear and comprehensive legal assistance can help ensure that clients are well-informed and empowered to make sound decisions.
About the Law Office of Richard Roman Shum, Esq.:
The Law Office of Richard Roman Shum, Esq., is a law firm in Manhattan, well-versed in spousal support and family law matters. Led by Richard Roman Shum, the firm is committed to advocating for clients’ rights and helping them manage the complex aspects of divorce and spousal maintenance with confidence and clarity.
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