Divorce can be a complex and emotional process, even more so when high net worth individuals are involved. Financial issues like property division and spousal support are always hot topics during a divorce, but the financial and legal implications are more intricate when the couple has a significant amount of assets and income. Determining alimony in a high net-worth divorce can be tricky, and protecting your legal rights is crucial. For more information and to secure skilled representation during your case, contact an experienced Suffolk County high net worth divorce attorney today.
What is Alimony?
Alimony, also known as spousal support, is a financial obligation that one spouse may be required to provide the other during and after a divorce. The court is permitted to set requirements like alimony to ensure that a lower-earning spouse is able to maintain a standard of living similar to the one that they experienced during the marriage.
Alimony could be required for a variety of reasons, like if one spouse has a significantly lower earning capacity than the other, one spouse sacrificed their education or career for the benefit of the family, one spouse worked to put the other through schooling so they could have a higher earning potential, etc.
How is Alimony Determined in a High Net-Worth Divorce?
When a court determines alimony in any divorce case, each spouse’s financial situation will be evaluated in its entirety. High net-worth divorces are no different, but the factors are often more complex as they involve higher amounts of financial assets.
During a high net-worth divorce, courts generally consider the following factors when determining alimony arrangements.
- The length of the marriage: The duration of the marriage is one of the most important factors when determining alimony. The longer the relationship, the more the receiving spouse is generally entitled to in financial support.
- The standard of living during the marriage: High net-worth divorces often involve significant assets and a more expensive standard of living. Courts strive to allow the lower-earning spouse to maintain a similar level of comfort so the divorce does not have an unfairly adverse impact on their standard of living.
- Each spouse’s income and earning capacity: The current and future earning potential of each spouse is a key consideration in determining spousal support. Courts will review each party’s income and education to decide whether alimony is needed, how much, and for how long.
- Assets: Each spouse’s assets and financial resources must be evaluated before alimony can be set. The division of assets is important because it can influence each spouse’s financial standing. Besides standard assets and income, investments, trusts, business ownership, and other financial assets must be considered.
- Contributions to the marriage: It is also important to consider whether one spouse made non-financial contributions to the relationship, like raising children or supporting the other spouse’s career.
There are a variety of complex financial, tax, and other implications to consider when determining alimony in a high net-worth divorce. If you have questions or concerns, reach out to an experienced family lawyer today.