Alimony, formally referred to as spousal maintenance in New York, is often a deeply contested issue in a divorce. Generally speaking, alimony is the obligation of one spouse to financially support the other after a divorce. The goal is to help the dependent spouse remain financially stable and, if possible, become financially independent. Many factors determine one’s entitlement to support. Contested divorces are often based on spousal maintenance. Frequently, a difference of opinion on what support one spouse deserves and the obligation of the other is the crux of the dispute, as each party believes that they have worked hard for the family and the marriage. If you are in dispute with your spouse over alimony, you should consult with an effective and experienced attorney. Peter V. Mandi & Associates, Inc. is a hands-on, attentive, law firm, dedicated to serving the greater Long Island area. Our alimony lawyer is ready to hear your case and help you every step of the way. Whether you are requesting support or need it, contact our firm to discuss your case.
Determining spousal maintenance
Some couples can agree on a spousal maintenance plan outside of court, however, this is not always the case. When a court hears a spousal maintenance case, it will consider many different factors. Some of these factors include the following:
- Income: Courts will examine the income of each spouse to see what support is needed.
- Property: New York will assess the property owned, including marital and separate property.
- The length of the marriage: The length of the marriage is a highly significant factor when determining alimony. Longer marriages generally lead to longer obligations for support.
- Health and age: Age and health can have a major impact on the award granted.
- Earning potential: The earning potential of both parties plays a large role in deciding how one should be supported.
- Education and training: The need for the dependent spouse to pursue further training and education on the road to independence can play a large role in determining alimony in NY.
- Life goals deferred: If the dependent spouse deferred life goals for the betterment of the family through the other’s education or success, this can impact alimony.
- Obligations to family members: Marriages can be complicated. When a party has an obligation to care for family members aside from children, this may also play a role.
Marital fault and spousal maintenance
When you file for divorce, you may think that fault grounds will play a role in the determination of alimony. Most believe that if their spouse cheated on them, the court will decide on the matter in their favor. That being said, fault grounds generally do not factor in when determining alimony payments. You should note, however, that economic fault is treated differently. If the courts find that your spouse wastefully dissipated, transferred, or encumbered marital property, it can play a large role in the determination of alimony. If a party inhibited the earning capacity of the dependent spouse or somehow hindered the dependent spouse’s ability to be independent, it can play a role as well. If a spouse purposefully became unemployed or underemployed to impact their obligation to pay, the courts will also take this into consideration.
Contact Our Suffolk County Alimony Lawyer Today
Alimony is an important topic to consider when getting a divorce, which is why you must have the right legal support when facing a split. If you need a law firm to guide you through tough times, our alimony lawyer is here to help. Contact Peter V. Mandi & Associates, Inc. to schedule an initial consultation.