Divorce is challenging as there are a number of financial issues that both spouses can expect. One of the most contested issues for separating couples is spousal maintenance. Often referred to as alimony, this process is when one spouse financially supports the other once they are divorced. Generally, the courts will require the higher-earning spouse to financially provide for their ex-spouse as the courts believe they are entitled to the same standard of living they were accustomed to when they were married. If you are going through a divorce, you’ll want to keep reading to learn more about why someone may be denied alimony and discover why you need the help of a Suffolk County alimony lawyer to guide you through this process.
Why Would Someone Be Denied Alimony?
Many going through the divorce process automatically assume that the lower-earning spouse will automatically receive alimony. However, there are additional factors that will be taken into consideration before a court grants spousal support.
It is important to note that New York is a no-fault state when filing for divorce. This means that if one spouse cites adultery for the dissolution of the marriage, it will not impact the spousal support. Even if the recipient is proven to have cheated on their spouse, it will not affect whether or not they receive alimony in New York.
Generally, alimony can be denied if the courts determine that the payor does not have enough funds to support their spouse, or if the recipient is financially stable enough to provide for their own lifestyle.
It’s also important to note that either spouse can request for the spousal support to be adjusted if their circumstances change. For example, if the paying spouse loses their job, they can request a modification as they will not have the funds to continue alimony payments.
Are There Different Types of Alimony?
There are generally two primary kinds of spousal support one can be awarded. One of the most common is temporary maintenance, which is paid to a spouse to help support them throughout the divorce process before ceasing once the divorce is finalized. However, many receive permanent alimony, which continues until a spouse passes away or the recipient remarries.
Additional options for maintenance include rehabilitative alimony, which is granted while the receiving spouse is in school or working to obtain the necessary skills to provide for themselves. Similarly, if one spouse paid for another to attend school immediately before divorcing, they may qualify for reimbursement alimony.
When you’re going through a divorce, ensuring you have a competent attorney representing you is vital. Alimony is an important consideration to think about before finalizing a divorce, so reviewing your options with an attorney is a must when you and your spouse decide to separate. Contact Peter V. Mandi & Associates today to learn more about how our dedicated legal team can help you through this process.