Determining Alimony in New York State

When a couple divorces, they have to settle several legal matters before the marriage is over. An important part of a divorce is determining alimony. Alimony is court-ordered financial payments from one spouse to another. These payments are made after the divorce for a period of time in order to support the other spouse. Sometimes there are circumstances in which one spouse is left in an unfair financial state after a divorce. This may be if one spouse is the caretaker and one is the family provider, the caretaker may not have a salary of their own to start fresh. Alimony gives a dependent spouse the opportunity to rebuild their life without financial trouble.

Determining Alimony

Divorce can often be a difficult process and marriages do not end with spouses on decent terms. These situations have the power to make the topic of spousal maintenance to become hostile if one spouse does not want to support the other. Because of this, spouses do not determine if they pay alimony or the amount they pay. The court makes all decisions regarding support payments. When the court comes to a decision, they consider many factors. This may include:

• The income of each spouse.
• Any property that is owned between the two, marital and separate.
• The length of the marriage may lead to longer obligations for support
• The health and age of each spouse can affect the amount of support
• The earning potential of both spouses determines how support should be decided
• If the dependent spouse needs funding to pursue further training or education in order to obtain independence from the other spouse
• If the dependent spouse deferred their life goals in order to support and better the family through the other spouse’s education and success
• If a spouse has an obligation to take care of another family member, this can affect the amount of maintenance

Marital Fault

When spouses file for divorce, they sometimes wonder if fault grounds can affect the outcome of their divorce. Some spouses believe if their spouse wronged them, a judge’s decisions will be swayed in their favor. However, in the state of New York, courts do not consider fault grounds while determining alimony. While this is true, a judge may consider if there is an economic fault. It a spouse handles their finances or properties irresponsibly, it may affect the decisions regarding alimony. This is also the case if one spouse affected the other dependent spouse’s earning capacity.

Terminating Support

There are many reasons that alimony payments may end. Some of these reasons may be:

• The death of either spouse
• The remarriage of the dependent spouse
• A determined date

Contact our Firm

If you are going through a divorce and wish to know your options regarding alimony, contact The Pollack Law Firm, P.C. today.

The Pollack Law Firm, P.C. understands that divorce and family law matters can be very complicated and emotional. They require strong legal representation from a compassionate attorney. Robert Pollack is an experienced divorce and family law attorney in Long Island, New York. Contact The Pollack Law Firm, P.C., to set up a free initial consultation.