Navigating Spousal Support: Insights from Manhattan Attorney Richard Roman Shum

Deciphering the Complexities of Spousal Support

Managing spousal support, also known as alimony, during or after a divorce can often seem like navigating a labyrinth, especially in Manhattan where financial considerations often have a crucial role. The struggle is lessened significantly with an experienced lawyer like Richard Roman Shum, who delves into the intricate aspects of spousal support both during and after divorce in New York.

Shum, who heads his own law office, focuses on spousal maintenance or alimony laws with the core objective of ensuring financial stability for a spouse who may have depended significantly on their partner’s income. This financial stability ensures a maintenance of their adequate standard of living post-divorce.

Objective of Spousal Support: Tackling Economic Inequalities

As 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 recognition of financial support acknowledges the sacrifices one spouse may have made for family or their spouse’s career advancement, often at the expense of their own.

It must be realized that at the heart of New York’s spousal support laws, the goal is to uphold fairness. Legal guidelines followed by New York courts are specific ones that determine spousal support, with a deep consideration given to individual case circumstances.

Determining Spousal Support: Factors and Considerations

Matters such as the length of the marriage, the respective income and earning capacities of each spouse, and contributions to the marriage—whether in the form of financial or homemaking—are all carefully appraised by the courts. These established guidelines aim to offer a protective umbrella for the financially less privileged spouse, ensuring they do not face undue hardship.

Moving beyond Traditional Gender Bias

Modern-era spousal support laws have consciously moved past traditional gender biases, with courts making decisions based on financial realities instead of outdated stereotypes. As Shum highlights, men can be recipients of spousal support if they demonstrate a financial need.

This paradigm shift reflects broader societal changes, where dual-income households and shared caregiving responsibilities are increasingly normative. The focus, significantly, is on the economic realities of divorce and ensuring fairness irrespective of gender roles.

Calculating Spousal Support: The Balancing Act

The calculation of spousal support, in the New York context, is based on statutory formulas, altered to accommodate factors like child support obligations. Shum elucidates on how these formulas are employed to determine both temporary and post-divorce maintenance.

The legal mechanism subtracts 20% of the recipient’s income from 30% of the payor’s income when child support isn’t a consideration. The aim is a fair and consistent financial arrangement that reflects the actual needs and capabilities of both parties.

Flexibility and Judicial Discretion in Spousal Support

However, Shum underscores the importance of judicial discretion. Courts can adjust the formula-based amounts to factor in unique circumstances, such as significant disparities in living standards or long-term health issues. This degree of flexibility allows spousal support agreements to be tailored to the specific needs of each case.

Understanding Different Forms of Spousal Support

Shum provides a detailed overview of the various types of spousal support available under New York law. These types range from temporary (pendente lite) support, designed to offer financial stability during the divorce process, to post-divorce support intended to transition the receiving spouse to financial independence.

Specific circumstances like remarriage, cohabitation, or significant changes in income or health might warrant modifications to the existing support arrangement, highlighting the mutable nature of spousal support.

Tax Implications of Spousal Support

Understanding the tax implications of spousal support is vital for both payors and recipients. As per the current federal tax laws, spousal support payments are neither deductible for the payer nor taxable as income for the recipient for agreements enacted post-2018.

In conclusion, navigating the multifaceted world of spousal support necessitates careful consideration and proficient guidance. The unflagging dedication of Richard Roman Shum to provide clear and comprehensive legal assistance helps ensure that clients make informed and judicious decisions.

Originally Post From https://www.openpr.com/news/3785917/manhattan-spousal-support-attorney-richard-roman-shum-explains

Understanding Spousal Support with Manhattan Attorney Richard Roman Shum