Can My Spouse Be Denied Alimony In New York?

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woman on laptop... calculating alimony

One of the most difficult parts of divorce is that your entire financial standing can change throughout the process. Marital assets are divided between divorcing spouses, and each spouse will have to become accustomed to a different household income once the divorce is finalized. In many situations, a higher-earning partner might be court-ordered to pay spousal support to their spouse with a lesser income. Spousal support can be paid during the divorce process to cover legal expenses, and/or spousal support can be paid after the divorce is finalized temporarily or indefinitely. If you’re going through the divorce process, you might wonder if alimony can be denied in your state. Our knowledgeable law firm has all the answers you’re looking for! Continue reading this blog to learn more or reach out to an Alimony Attorney in Bohemia, NY for individualized legal counseling.


A spouse requesting alimony payments from the other spouse needs court approval. However, there are some situations in which someone can be denied spousal support payments. Alimony is most often denied when the higher-earning spouse cannot afford to support the spouse with a lower income, and/or the lower-earning spouse makes enough money to support themselves. A judge will not approve alimony payments if they feel it’s unnecessary. There are many other reasons why spousal support requests could be denied during the divorce process, including:

  • The spouse asking for alimony was physically abusive toward the higher-earning spouse
  • Children from the marriage will be living with the high-earning spouse
  • The spouse asking for alimony wasted marital assets on an extramarital affair, through gambling, or to purposefully spite the higher-earning spouse
  • The spouse asking for alimony tried to hide marital assets during the divorce process so the higher-earning spouse wouldn’t get a fair share
  • The marriage was fairly short and required spousal support doesn’t seem fair

The reason for divorce technically cannot affect alimony decisions, but this changes if the reason for divorce either was domestic violence or impacted marital assets.


Many factors are taken into consideration when determining alimony in New York. The most common include:

  • The length of the marriage
  • Each spouse’s financial status, including adjusted net annual income, debts, property, businesses, trusts, inheritances, present and future earning capacities, etc.
  • Each spouse’s needs
  • The age and health of both parties
  • Child support payments
  • Wasteful or unfair use of marital assets/property
  • Whether one spouse inhibited the other’s ability to earn income
  • Tax consequences
  • Each spouse’s standard of living
  • Each spouse’s contributions to the household

Are you currently considering filing for divorce in Long Island, New York? If so, you might want to speak with a trustworthy divorce attorney who can help you

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What Our Clients Are Saying

I hired Susan to represent me in a divorce matter where I was fighting for custody and to limit my wife's equitable share of our assets. I won custody of our son, kept the marital residence, kept my professional practice, kept my building and paid less than half to my wife. This was after a long-term marriage. She could persuade the court that equitable is not equal and sometimes the man does deserve to win!

‐ Dave

I first must say that I had been represented by two prior attorneys both of whom had simply taken my money and left me nothing to show for it in my custody case. They kept telling me what they were doing for me but I found out they were lying. Susan on the other hand had gotten me temporary custody and support for my children and myself within two months of hiring her. I cannot say enough about her.

‐ Craig

After talking to a few other attorneys, I hired Susan to represent me in my divorce and custody dispute. I was reluctant to go with her because she was the cheapest out of all the other attorneys I met with, but I'm so glad I did. I am 100% positive no one else would have done such a great job with my case as Susan and her staff. Her work is quality, her staff is reliable and her character is honorable. There...

‐ Linda

I had a very difficult case where I had already burned through two attorneys who were unable to get me custody of my children and complete my divorce. Susan was able to rapidly work out an agreement and not let it just malinger on like my previous experiences. She was also considerate of my financial situation unlike all of the other lawyers I had spoken to. I highly recommend her if you want complete and caring service with an in-depth knowledge of...

‐ Joanne


The Law Offices of Susan A. Kassel, P.C. proudly serves clients throughout Suffolk County, New York in their divorce, family law, and estate planning matters. If you require the services of an experienced Suffolk County attorney, schedule a consultation with The Law Offices of Susan A. Kassel, P.C. today.

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