Alimony at Bruce R Bekritsky, Attorney at Law
Maintenance -- what we used to call "alimony" and sometimes refer to as "spousal support" --- refers to the payments one spouse gives to the other.
In New York there are no specific guidelines for maintenance (spousal
support) as there are for child support. Generally the courts will look at the length of the marriage, the age and health of the parties, and the parties' ability to be self-supporting in making an award of maintenance. Today, with more women in the work force, maintenance often is not permanent.
Maintenance could be paid in a lump sum (payable all at once or in installments), or it could be paid in periodic payments. Lump sum alimony, or installment payments on a lump sum, are not tax deductible to the payor, usually the husband, nor are they taxable income to the payee, usually the wife. Periodic payments, on the other hand, are tax deduct ible to the payor, and they are taxable income to the payee.
You may be able to obtain an award of temporary maintenance, or maintenance pendent lite (i.e., pending the litigation) after your divorce action has started but before it has been concluded.
Maintenance ends on the remarriage of the payee spouse.
For help with your maintenance and divorce settlements, call today.
We'll be glad to help.
Attorney Advertising.
