Temporary Spousal Support in Syracuse

During marriage, both spouses typically contribute to the household in some way. In many cases, one spouse may contribute non-financially while the other may be the primary breadwinner. Sometimes both spouses work outside the home, but one spouse may earn a higher salary than the other.

Spousal support laws can be difficult to understand and apply to your unique situation. There are many factors that affect the amount and type of award you receive or need to pay. If you have questions or concerns about spousal support, a steadfast Syracuse matrimonial attorney from Tully Rinckey PLLC can review your case, offer alternatives, and develop a plan to achieve your goals and satisfy your financial needs.

This type of spousal support is often referred to as “pendente lite,” which means “while the action is pending.” As defined in New York Domestic Relations Law §236(B)(5-a), it is ordered on a temporary basis to allow a financially dependent spouse to meet their basic financial needs during divorce proceedings.

The theory behind temporary spousal support is that since one household has become two, the financially dependent spouse in the dissolving relationship should be able to cover household bills and living expenses until a final support determination is made.

 

Rehabilitative

This type of support is meant to enable a dependent spouse to obtain training or education to secure gainful employment after a divorce. Rehabilitative support is often granted to spouses who stayed at home during their marriage, or didn’t complete their higher education during the marriage, often to care for children. Rehabilitative support typically terminates when the receiving spouse becomes self-supporting, or another benchmark established by the Court or the parties themselves is reached.

Long-Term Spousal Support

Durational—or, under certain circumstances, non-durational— spousal support may be awarded after long-term marriages in which one spouse remained home to manage the household and raise children for a large percentage of the marriage. The recipient spouse may be older or developed a medical condition that would preclude them from re-entering the work force.

Long-term spousal support continues for a set period of time or until:

  • The death of the recipient spouse or payor spouse;
  • Remarriage of the recipient spouse;
  • Specified conditions of the award, such as when a dependent spouse acquires a job;
Guidelines and Court Discretion

Courts in Syracuse follow general guidelines listed in NYDRL §236(B)(5-a)(h) when deciding whether to award spousal support and calculating final spousal support amounts. However, judges have discretion to deviate from the guidelines when they believe it is appropriate for the situation. Spousal support awards depend on many factors, including but not limited to:

  • Length and standard of living of the marriage
  • Incomes, the difference between those incomes, and current and future earning potential of the parties
  • Age and health of the parties, as well as medical insurance costs
  • Marital property division
  • Cost of training or education for the lower-earning or dependent spouse
  • Extra costs for child care and child support payments
  • Non-financial contributions during the marriage

Call a Syracuse Matrimonial Attorney to Discuss Spousal Support

Whether your case is simple or complicated, our seasoned legal team will be able to help you. We will answer your questions, assess your situation, and offer sound legal strategies to fit your needs.

Spousal support laws can be complex, and you may need a Syracuse matrimonial attorney with the experience to negotiate on your behalf, as well as provide advocacy in court, if needed. We are ready and available to help you navigate spousal support. Call us today at (315) 492-4700 for an appointment, or email us at info@tullylegal.com.

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