Will my spouse get denied spousal support in New York?
If you are seeking a divorce and you are a higher-earning spouse (the “payor”), the court may deem it appropriate for you to provide financial support to your spouse to maintain the standard of living established during the marriage. This type of payment is commonly known as alimony or spousal support. Depending on the circumstances of the divorce, the lower-earning spouse (the “payee”) may be granted spousal support to help their financial stability after or during the divorce process. Oftentimes, spouses make the mistake of assuming that spousal support is guaranteed because they are the lower-earning spouse. However, several factors could cause the courts to deny a spouse spousal support. If you are getting a divorce and want to understand how the courts determine whether a spouse should receive spousal support, contact a trusted Nassau County Alimony Attorney. In addition, please continue reading to learn why spouses may be denied spousal support in New York.
Can my spouse be denied spousal support in New York?
In New York, there are two types of spousal support a spouse may be granted, temporary or postdivorce maintenance. Temporary maintenance requires the payor to provide financial support to the payee during the divorce process. However, their financial obligation ends when the divorce is settled. For this type of spousal support, the payees’ award is based on whether they can prove their actual need for financial support. Postdivorce maintenance requires the payor to provide financial support after the divorce is finalized. For this type of spousal support, the award is based on both parties’ income and the length of the marriage. It is important to note that a payee could be awarded both temporary and postdivorce maintenance if the court finds it appropriate.
Furthermore, it is also pertinent to note that in some states spousal support could be affected by grounds such as adultery. However, in New York, grounds for divorce may be cited, but they will not impact spousal support. This is because New York is a no-fault state. Nevertheless, as mentioned above, a spouse could be denied spousal support for various reasons. The courts have the authority to deny a spouse alimony if they don’t need financial support or can work. A judge could also deny a spouse spousal support if the payor does not have enough funds to afford it. As mentioned above, spousal support is not guaranteed. In addition, if a spouse is awarded spousal support, either party could request a modification of their maintenance order if there is a change in financial circumstances. Nonetheless, it is pertinent to note that spouses can be denied spousal support.
If you are undergoing a divorce and want to understand what factors could affect whether you are ordered to pay spousal support, please don’t hesitate to get in touch with one of our skilled and determined attorneys. Our firm is dedicated to helping our clients navigate the complexities of a spousal support order.
