Alimony, also referred to as spousal maintenance, is not automatically granted in a divorce by the court. It is one of those things that really comes down to the facts of the case. Alimony payments in New York State are determined based on a number of factors including the length of the marriage, the financial abilities of the parties, and the earning potential of each spouse. In cases where spousal maintenance is payable, the courts will grant it. However, it’s not something that’s automatic and you should not go into the divorce proceedings expecting to have alimony granted to you.
New York State has a formula that determines the amount of spousal support payments that the more-monied spouse will be required to pay if an alimony award is granted. Basically, longer marriages may be awarded more spousal support and shorter marriages may be granted a smaller award. In order for the court to consider granting a spousal support award, each spouse will have to submit a statement of net worth, as well as show their capacity to earn money. Temporary spousal support is many times granted to assist the spouse who makes less money until they can financially support themselves.
Spousal support is usually temporary depending on the length of the marriage. There are a number of reasons that spousal support obligations may end, including the death of either spouse, if the party receiving payments gets remarried, or a date chosen by either the court or agreed upon by the spouses when the arrangement was made.
If you have questions regarding your potential for alimony after a divorce, it is important that you consult with an experienced divorce attorney who can provide you with assistance.
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, contact Peter V. Mandi & Associates, Inc. today for a consultation.