| Spousal Support or Maintenance |
 |
| Family Law | |||
|
 What is spousal support? Spousal support is court ordered money paid to support a spouse. The amount of support is based on the lifestyle the couple had while they were married, the needs of the supported spouse, and the other spouse's ability to pay. "Temporary maintenance" is awarded while a divorce is pending, and as of October 2011, is based on a formula. "Post-divorce maintenance" is not based on a formula, but is based on a list of factors. Spousal support used to be called alimony. Where are spousal support orders given? Spousal support orders are usually given in Family Court, although temporary maintenance payments can be ordered as part of a divorce in Supreme Court. How is the amount of spousal support determined? The amount of support is based on the lifestyle the couple had while they were married, the ability to pay support, and the reasonable needs of the person who would be receiving support. While the divorce case is still going on, the temporary maintenance amount is set by a math formula. You can calculate it on the NYS court system's website here. Once a support order has been given, can it be changed? A support order can be changed if there is a substantial change in circumstances. The person asking for a change must file a modification petition explaining the change in circumstances. If the support was set by an agreement, you will need more than just a "substantial change" to modify. Are there any time limits on how long support payments can last? The judge can limit how long one must pay maintenance. The court may consider how long it will take for the person receiving support to become self-supporting when deciding whether to limit support. The court cannot limit how long support is due for a current spouse. Can spousal support payments be taxed? Yes. Unlike child support, spousal support payments are taxable income to the person who receives support. They are deductible from taxable income by the person who pays support. If child support and spousal support are not given separately, then the whole amount is considered spousal support for tax purposes. Look carefully at exemptions and deductions, however, because it is still possible to not have to pay taxes on some spousal support. What about health care? The Family Court can also order health insurance coverage to be continued for a spouse. When a divorce case is filed, an "automatic order" is issued preventing either party from changing insurance coverage without getting permission from the court. After a divorce is granted, the former spouse usually cannot stay on the family policy, although more expensive COBRA coverage may be available for up to 18 months. The court could order your ex-spouse to help pay for this, if he or she can afford it. Â
|