When a couple divorces, it’s not uncommon for one spouse to receive spousal support. This is often awarded to a spouse who has little or no income of their own. If you and your spouse have decided divorce is the best option for your relationship, understanding what will impact whether or not and how much spousal support is ordered is crucial. The following blog explores what factors influence alimony payments and why you need the assistance of a Nassau County alimony lawyer to guide you through this process.
What Is Alimony?
Alimony, also called spousal support or spousal maintenance, is a payment order by the court to one spouse when they are getting a divorce. The spouse who wishes to receive alimony must request it, as spousal support is not automatically ordered when a divorce occurs.
Is a Spouse’s Financial Needs the Only Factor That Will Influence Alimony Payments?
In New York, one of two formulas is used to determine how much alimony a spouse will pay to the other. However, there are still factors the judge can take into consideration when ordering alimony. Though there is a formal to follow, these additional factors that could raise or lower the payment amount are at the judge’s discretion.
A judge can take the following factors into consideration when determining how much alimony a spouse must pay to their former partner:
- The earning capacity of each spouse
- How old both parties are
- How long both parties were together before they were legally married
- How long the marriage lasted
- If one spouse exited the workforce to raise children or support the other
- If there are any physical or mental limitations present
While these are some of the most substantial factors the courts will consider, they are not the only ones. There are many factors the courts can consider when deciding how much alimony they will award one spouse.
How Can an Attorney Help Me?
As you can see, alimony can be an incredibly complex process, as there are many elements that will influence the outcome. That’s why it’s in your best interest to enlist the help of an experienced law firm.
If your spouse requests alimony, your attorney may be able to prove they are financially stable enough to support themselves or that you are unable to pay spousal support without jeopardizing your own finances. In the event that your spouse does need support and you can pay, your attorney can help ensure the amount ordered is fair.
Similarly, if your spouse remarries, your attorney can help you request the payments stop, as you will no longer have an obligation to pay.
At Barrows Levy, we understand how complicated alimony can be. As such, our dedicated legal team will do everything in our power to ensure the payments ordered are fair. Contact our firm today to learn how we can help you during these complex matters.