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Winkler Kurtz LLP

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  • Home
  • About Us
    • Attorneys
      • James R. Winkler
      • Richard D. Winkler
      • Jason W. Hake
      • Lindsey M. Albinski
      • Janet L. O’Hanlon
      • David S. Pollack
      • Daniel E. Brickley
  • Practice Areas
    • Personal Injury
      • Motor Vehicle Accidents
        • Long Island Car Accidents
        • Trucking Accidents
        • Motorcycle Accidents
        • Pedestrian Accidents
        • Serious Injuries
      • Workplace Injuries
        • Scaffolding and Ladder Falls
        • Struck By Object
        • Machinery / Equipment Injuries
        • Construction Accidents
      • Medical Malpractice
        • Birth Injuries
        • Brain Injuries
        • Misdiagnosis
        • Wrongful Death
        • Surgical Errors
        • Hospital Negligence
        • Failure to Diagnose
      • Slip and Fall Injuries
      • Wrongful Death
    • Divorce & Family Law
      • Child Custody & Visitation
      • Divorce Mediation
      • Equitable Distribution
      • Child Support
      • Orders of Protection
      • Spousal Support
      • Divorce & Family Law FAQ
    • Wills Trusts & Estates
      • Estate Planning
      • Elder Law
      • Powers of Attorney
      • Probate
      • Estate Administration
      • Wills & Trusts
      • Wills & Trusts FAQ
    • Real Estate
  • Case Results
  • Testimonials
  • Contact Us

Spousal Support

Spousal support, also known as maintenance or alimony, is a payment made from one spouse or ex-spouse to the other. To help attain spousal support, you can request a consultation with our Long Island Spousal Support Lawyer. Unlike child support, which is intended to help pay for a child’s expenses, spousal support is intended to help pay for the ex-spouse’s expenses. It may be used to:

Long Island Spousal Support Lawyer

  • Award income to the spouse who earned lower or no income during the marriage
  • Help a spouse get back on his or her feet
  • Help a spouse maintain a similar standard of living to the one held during the marriage

Factors Influencing Spousal Support

The court has the discretion to order spousal support based on many factors, including:

  • The length of the marriage
  • The relative income of each person, including income from investments and rental properties
  • The relative earning potential of each person
  • Whether one spouse’s earning potential was negatively affected by caring for children
  • Any special financial needs one spouse may have, including education and medical expenses
  • Equitable division of marital property

How Long Do You Have to Pay Spousal Support?

The duration of a spousal support order depends primarily on the length of the marriage.

  • < 15 years: 15%-30% of the length of the marriage
  • 15-20 years: 30%-40% of the length of the marriage
  • > 20 years: 35%-50% of the length of the marriage

Do Women Pay Spousal Support?

More and more women have become the primary breadwinner in married households. In fact, 29% of married women now earn a higher income than their husbands. However, according to the most recent U.S. Census, a mere 3% of divorced Americans receiving alimony are men. This suggests that hundreds of thousands of American men are eligible for spousal support, but are not receiving money that is rightfully theirs.

Can a Spousal Support Order Be Changed?

Spousal support orders may be modified at the court’s discretion. If there is a considerable change in a person’s financial circumstances, he or she may submit a modification petition explaining the changes and requesting the court’s consideration.

Spousal Support and Taxes

For spousal support orders made in cases that began before December 31, 2018, support is considered taxable income for the recipient and deductible for the payor. However, the 2017 Tax Reform Act changes how spousal support payments are taxed. In cases beginning January 1, 2019, spousal support payments will no longer be deductible for the payor, and the recipient will no longer be required to pay taxes.

Consult an Experienced Long Island Spousal Support Lawyer

It can be difficult to get back on your feet financially following a divorce. Spousal support can help support you until you are able to support yourself. To understand your rights and receive the support you’re entitled to, speak with an experienced spousal support attorney. Contact the law offices of Winkler Kurtz, LLP, or call (631) 928-8000 to schedule your complimentary consultation.

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Practice Areas

  • Personal Injury Lawyer On Long Island
  • Divorce & Family Law
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Client Testimonials

I cannot say enough about Rich and his staff. Everyone was more than accommodating from day one. You are treated like you matter, and not just another case for their firm. Rich offers advice every step of the way to get the most out of your case while still letting YOU choose which options are best. Coming from someone who has dealt with other attorneys, none compare to Mr. Winkler. His knowledge, and attitude are second to none. I would recommend Rich to anyone with an accident case. Believe me, you are in good hands. Thank you Rich and staff. Could not have asked for more!!

- Rob Pearsall

To Whom It May Concern, I’m a union painter and was badly hurt when I was involved in a workplace accident on a job site in Manhattan. I hired Richard Winkler to represent me and they have been great. He and his staff keep me informed and are making sure that I can continue to be able to feed my family and to keep everything going, they are on my side no doubt about it. Needless to say this didn’t go unnoticed to my family. Visiting the office was always a positive experience both welcoming and professional. I would recommend this firm to anyone in need of caring compassionate legal representation.

- Michael Brunner

Winkler Kurtz LLP is an amazingly knowledgeable and professional law firm. The staff is extremely intelligent and personable. With great guidance will support you through each step of your case and treat you with personal attention. Highly recommend this law firm – they go out of their way to make you a winner!

- Elissa Rand

The experience that I got from Richard Winkler was absolutely the best, In the beginning I was hesitant because you hear of bad stories about attorneys, but the turning point for me was when the most amazing, caring, person sat down and explained everything to me Mr. Winkler’s paralegal Dana Randazzo. This team answered all my phone calls handled all my paperwork in a quick manner there were never any surprises and they were on top of everything with the insurance companies and anything else associated to my case I highly recommend this law firm to anyone you will not be disappointed and I just wanted to say thank you for all that you have done for me Mr Winkler!

- Anthony Detorre

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CONTACT US

Winkler Kurtz, LLP
1201 Route 112, Suite 200
Port Jefferson Station, NY
11776

Phone:

(631) 928-8000


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(631) 928-8578

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