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.
WHEN IS ALIMONY DENIED?
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.
WHAT CONSIDERATIONS IMPACT ALIMONY DECISIONS?
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