There are no two families alike, and there are no two alimony arrangements alike either. Courts will consider various factors unique to you and your situation when making alimony determinations. If you are going through a divorce, it is in your best interest to retain a strong-willed and dedicated New York family law attorney to help you through this process. Reach out to Peter V. Mandi & Associates to get started. Continue reading to learn more about alimony in New York:
What is alimony in New York?
Alimony, also known as spousal maintenance in New York, is an element of divorce that can often result in a heated courtroom. Alimony is the monetary obligation of one spouse to financially support the dependent spouse. The objective of spousal support is to ensure that the dependent spouse has been able to live the same standard of life as they did when they were married.
What determines spousal maintenance?
Some couples may agree on an alimony plan outside of the courtroom, however, this is not always the case. Courts will consider many different factors when determining spousal maintenance arrangements. Some of these factors include:
- The income of each spouse
- Marital property and separate property owned
- The length of the marriage
- The age and health of each spouse
- The earning potential of both parties
- The dependant spouse’s need for education and training
- If the dependant spouse’s life goals were deferred during their marriage
- If a party has an obligation to care for family members aside from children
If you are going through a divorce and have questions about alimony and the factors that play into spousal maintenance determinations, please do not hesitate to contact Peter V. Mandi & Associates. Our firm is committed to helping you through this challenging time.
What role does marital fault play in terms of alimony considerations?
Some may think that if you file for divorce because your spouse cheated on you, then the court will rule in your favor. However, fault grounds do not factor in with alimony payments. Economic fault, however, is treated differently. If courts determine that your spouse wastefully transferred, dissipated, or encumbered marital property, it can play a large role in spousal maintenance outcomes. If a party hindered the earning capacity of the dependent spouse or trumped the ability for the dependent spouse to become independent, that can play a role as well. Courts will also consider if a spouse became unemployed purposefully to impact their obligation to pay or receive alimony.
CONTACT OUR 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.
