How Can a Marriage’s Duration Affect the Outcome of a Divorce?

If you are ready to get a divorce, you most likely have several things on your mind. Divorce is a big step, and it can seem overwhelming at times. If you are a financially dependent spouse, there is a very good chance you are worried about whether you’ll lose your house, have to get a new job, and more.

Unfortunately, if you and your spouse cannot agree on your divorce terms, you will most likely have to enter the litigation process. This is extremely stressful for both spouses, as litigation will subject your marital assets to equitable distribution, which, as you may know, seldom means “equal.” Instead, “equitable” refers more to what the court sees as a fair division of your assets. Whether you are the financially dependent spouse or not, you are most likely very concerned about which assets you will be allowed to keep.

New York courts take several factors into consideration when calculating divorce terms, including you and your spouse’s age and health, your yearly incomes, the number of children you have, and more. However, one of the most overlooked aspects of a court’s decision is the duration of your marriage.

Generally, courts seek to mitigate the financial impact of a divorce on both spouses, though they especially seek to do so for the financially dependent spouse. In most circumstances, as a dependent spouse, the longer the duration of your marriage, the greater the number of marital assets you will receive. In other words, courts are more likely to let financially dependent spouses in long term marriages keep their home in a divorce.

Additionally, the duration of your marriage will also come into play if you are the financially dependent spouse and are looking to receive alimony or spousal support payments. In most cases, the longer your marriage, the longer the duration of your alimony will be. On the other hand, if you were in a short term marriage, you will most likely receive a less-lengthy term of spousal support.

Of course, every divorce is different, which is why New York courts consider all factors before coming to a decision. If you feel your assets are at risk, do not hesitate to reach out to our experienced firm. We are here to help those in need.

Contact our experienced Long Island firm

Peter V. Mandi, Esq. is an experienced divorce and family law attorney located in Bohemia, New York. Our firm understands the impact a divorce can have on your life. If you require strong and dedicated legal representation in Long Island, New York, please do not hesitate to contact Peter V. Mandi & Associates, Inc. today.