When a couple decides to end their marriage, it is imperative to understand that alimony is not automatically granted. If both parties are employed and have similar incomes, the court may not see a need for alimony. Typically, alimony also referred to as spousal maintenance, is only awarded in cases where one spouse has a significantly higher income or earning potential than the other. In such situations, if you are a lower or non-earning spouse, the court may order the higher-earning spouse to provide this type of court-ordered financial support to help maintain the standard of living previously established during the marriage. While most people assume that alimony payments are determined solely by the financial needs of the former spouse, the court takes several other elements into account to determine whether a former spouse should be granted alimony. Regardless of whether you are the spouse obligated to pay or entitled to receive this support, it is in your best interest to contact a skilled Suffolk County Alimony Attorney who can help you ensure that a spousal support determination is fair and sufficient.
What is alimony?
Alimony is a periodic predetermined payment that is a legal obligation on a person to provide financial support to their spouse before or after marital separation or divorce. Nowadays, it is common for families to follow a stay-at-home parental structure where one spouse is the “breadwinner” while the other raises the children and cares for the home. While this is a noble sacrifice, giving up a career to take care of their children, this arrangement puts the caregiver at a substantial financial disadvantage during a divorce. Even when a spouse earns less than their partner, it creates a significant financial discrepancy in the event of a divorce. Alimony aims to reduce some spouses’ unfair economic disadvantages during a divorce.
Are alimony payments determined solely on the financial needs of the former spouse in New York?
Often, couples are misled to believe that alimony payments are solely based on the lower-earning spouse’s financial needs. However, this is not necessarily true. The court considers various factors to determine if alimony should be awarded, the duration of the payments, and the amount. Despite a former spouse’s financial needs, one of the key factors the court finds is whether the higher-earning spouse can provide this financial support and support themselves. The following include but are not limited to some of the factors the court will consider when making alimony decisions:
- The length of the marriage
- The age, mental state, and physical well-being of each spouse
- The couple’s standard of living during the marital relationship
- The earning capacity and potential of each spouse
- The contributions by one party to the education or earning capacity of the other party.
- The duration of time the recipient spouse has been out of the workforce
- The length of time the recipient spouse would need for education or training to become self-sufficient.
- The tax ramifications of alimony payments
- The contributions each spouse made to the marriage
- Any other relevant factors
As you can see, the court will consider more factors than just the financial needs of a former spouse when making an alimony decision. Alimony is a complex matter to resolve in a divorce. It is wise to consult with an experienced attorney from The Law Offices of Susan A. Kassel, P.C., who can help protect your rights and interests during this process.
