Are Alimony Payments Determined Solely on the Financial Needs of the Former Spouse?

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The financial needs and situations of each spouse are sure to factor in when a court decides on an alimony agreement, but money is not the only thing that matters. The court can actually consider a few other things before finalizing any alimony arrangement, and it’s wise to know what could make a difference in how much you could pay and for how long. A Suffolk County alimony lawyer from our firm can help you argue for the best terms, whether you are paying alimony or receiving it.

How Does the Former Spouse’s Financial Needs Affect Payments?

The court will take a deep dive into both spouse’s financial situations to see who would require alimony and how much. This can also help the court determine how long an alimony agreement should last because different situations may call for supporting your spouse for a longer or shorter period of time. Financial factors that could carry serious weight include:

  • The salaries of each spouse
  • The earning capabilities and employability of each spouse
  • The overall financial needs and situation of each spouse
  • Whether a spouse has other sources of income

All of these things are important, but they rarely paint the full picture. So the court may also consider a variety of factors that are not directly related to your financial health.

What Other Factors Can Affect Alimony Payments?

It is not uncommon for the court to look at:

  • The age and health of both spouses
  • How long a spouse has been out of the workforce
  • What kind of training or education a spouse would require to be self-sufficient
  • How long a marriage lasted
  • Whether one spouse contributed to the education and career advancement of the other
  • Childcare needs

All of these factors can be weighed carefully before an alimony agreement is hammered out.

If Financial Needs Change, Does the Alimony Agreement Change?

You can file to modify your alimony agreement in New York if your financial needs have changed or if you suspect that your former spouse no longer needs the support. If you are the paying spouse and your financial circumstances have changed dramatically, you may be able to modify your spousal support agreement. Your alimony obligations can also end when your former spouse remarries since that changes their financial needs.

Do I Need a Divorce Lawyer?

We recommend having a lawyer on your side as you make any negotiations in a divorce. Unless you and your spouse are on good terms and able to make headway during mediation sessions, most divorce proceedings can take a while. We can help you navigate this process and fight for a favorable alimony arrangement.

Schedule a Consultation

There is no reason to try and tackle every divorce- and alimony-related negotiation on your own. Contact Peter V. Mandi & Associates, Inc. and schedule a consultation with our team. We are ready to help you fight for the most favorable divorce agreement possible.

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