Individuals getting divorced often have several concerns. Going through a divorce may be one of the hardest times of your life, and if you are a financially dependent spouse, it can make matters even worse. You are most likely wondering what will happen from here, and how you will manage to support yourself. These matters can be made even more challenging when you cannot reach an agreement with your spouse regarding how much support you deserve or need. Fortunately, New York courts believe that former spouses should retain their quality of life in the event of a divorce. If you are seeking alimony payments, otherwise known as spousal support, here are some of the questions you may have:
What factors are considered when determining alimony?
If you are unable to come to an agreement with your former spouse regarding your alimony terms, a court will decide them for you. Some of the factors that a court will use to make its determination are as follows:
- Health and age
- Education and training
- Obligations to family members
- Duration of your marriage
- You and your former spouse’s earning potential
- Life goals deferred
- Income and property
- Who has physical custody of children
You should also know that if it is discovered you or your spouse wastefully dissipated, transferred, or encumbered the marital property, it may play a significant role in determining your alimony terms. Additionally, if a party has inhibited the earning capacity of a financially dependent spouse, it may also play a role in the obligation terms. Lastly, if you can prove your spouse purposefully became unemployed or underemployed to impact your spousal support obligation, it may be a very serious issue in court.
How can I get a spousal support modification?
In the months or years following a divorce, life changes. This is a rather obvious fact, which is why courts have a way to address this issue specifically. If you can prove you or your former spouse underwent a significant change in financial circumstances, there is a very good chance you will be able to obtain what is known as a post-divorce modification. Some scenarios that may qualify for spousal support modifications are a new, better-paying job, a demotion, coming into a large inheritance, getting remarried, and more.
Contact our Nassau County firm
We understand how important spousal support can be following a divorce. While this support should not be permanent, you must ensure you receive sufficient support until you can become financially independent.
Peter V. Mandi, Esq. is an experienced divorce and family law attorney located in Bohemia, New York. If you require strong and dedicated legal representation in Long Island, New York, contact Peter V. Mandi & Associates, Inc. today.