How Does Alimony Work in New York State?
When a couple gets divorced, the financially dependent spouse is generally left to pick up the pieces. Very often, a financially dependent spouse is left wondering how they will support themselves, whether or not they will have to move out of their house, and more. Divorce is a frightening issue for many, and generally, when a couple gets a divorce, they do not agree on its terms. It is not uncommon for one spouse to believe they are entitled to more financial support than the other spouse is willing to give. Alimony, or spousal maintenance, is one of the most hotly contested issues in divorce, right alongside child custody and child support. If you are a financially dependent spouse, here are some of the questions you may have:
How is spousal maintenance calculated?
Spousal maintenance is designed to help a financially dependent spouse maintain his or her standard of living established during the marriage. New York has a specific formula that the court will follow when determining spousal support. Generally, a court will examine income, spouse’s separate property, tax consequences, and marital property. The longer your marriage, the greater the amount of support you will be awarded. Additionally, if you have physical custody of your child, your spousal support may be adjusted accordingly. Courts will also consider non-monetary contributions to a marriage.
What is a spousal support modification?
Naturally, in the months or years following a divorce, both you and your former spouse’s lives will change. If a dependent spouse becomes financially independent via a new job, a large inheritance, or other monetary awards, this may be grounds to modify the support agreement. Additionally, courts will consider whether either spouse wastefully spends the marital estate or inhibits a spouse’s earning capabilities. Negligently wasting money understandably may cause the court to see your case in a different light. Generally, if either party dies, remarries, or the former couple can agree upon a date (or the court determines a date) spousal support can end.
Contact our Nassau and Suffolk County firm
Divorce is the worst part of any marriage, and if you are a financially dependent spouse, the process can be even more challenging and worrisome. This is why you should do yourself a favor and hire a compassionate attorney who is ready to fight in your corner. If you are seeking spousal support, or are seeking a modification to your spousal maintenance terms, do not hesitate to contact The Pollack Law Firm, P.C.
The Pollack Law Firm, P.C., serving clients in Nassau and Suffolk County, is always available to assist and represent parties in divorce and all other matrimonial and family law matters. Please call today to schedule a free consultation: (516) 938-333.