There are few issues more critical in the divorce process than those regarding alimony agreements, and if alimony (also referred to as spousal support), is an issue in your divorce, you need a knowledgeable Nassau County alimony lawyer who has represented countless clients on both sides of the aisle for years. Whether you are someone who requires alimony to maintain your standard of living, or you believe that your spouse is requesting an unreasonable alimony agreement, you need an attorney who is capable of effectively representing you through every step of the process ahead. You have just found that attorney here at Barrows Levy PLLC. Contact our firm today so we can assess your case and work to attain a favorable agreement on your behalf.
Do I Need a Nassau County Alimony Lawyer?
If you and your former spouse cannot agree on the terms of your alimony agreement, the last thing you should do is try to resolve the issue on your own. Alimony is an extremely complex divorce-related issue that only the most qualified divorce lawyers should handle. Fortunately, the attorneys here at Barrows Levy PLLC are here to provide you with the seasoned legal experience you require to have peace of mind knowing that your assets and well-being are protected from the pitfalls of divorce.
Determining Alimony Agreements in New York State
The first thing you should understand about alimony in New York State is that it is not intended to be a permanent agreement. Instead, alimony is supposed to simply give the financially dependent spouse a chance to become financially dependent once again after a divorce is finalized. That being said, the amount and duration of alimony received depends on a wide variety of factors in New York State. Some of the factors that NYS courts will consider when determining your alimony agreement are as follows:
- Both spouses’ age and health
- The marital property in question
- Tax consequences
- The child custody agreement in place
- Both spouses’ yearly income
- Both spouses’ earning capacity
- The duration of your marriage (the longer you were married, the longer the financially-dependent spouse will receive alimony payments)
- Whether one spouse deferred his or her education to help the other further his or her career goals
- Any other factor the court deems relevant
As you can see, determining alimony in New York State is anything but simple, which is why if you are either currently seeking alimony payments, or you are looking to limit the amount of alimony payments you will have to make, it is critical that you have strong legal representation on your side. Our firm is here to assist you in any way we can.
Can Citing Fault Grounds Impact an Alimony Agreement?
Oftentimes, spouses will hope that by citing fault grounds, such as adultery, it will impact the outcome of their alimony agreement. This is understandable, as if your spouse cheated on you, you most likely believe that it is his or her fault that your marriage is now over. Though most people would not disagree with this sentiment, typically, citing fault grounds will not impact the outcome of your divorce.
That being said, alimony is one of the very few issues that, at times, citing adultery may actually result in a favorable agreement. Though simply citing adultery is not enough to alter the outcome of your divorce, if you can prove that your former spouse squandered a significant amount of marital assets on the person with whom he or she was having an affair, there is a chance that you may receive a greater alimony agreement. Understand, however, that this is far from a guarantee, which is why you must hire a Nassau County family law attorney who can assess your situation and determine whether this is the route you should take.
Modifying Alimony in New York State
In the months or years after an alimony agreement is reached, lives change, and there may be valid reasons to modify an alimony agreement. For example, if the payee (the spouse receiving alimony) either receives a job promotion, an inheritance, or otherwise comes into a sum of money that significantly betters their financial situation, then the payor (the spouse paying alimony) may request a modification to lower these payments. There are a wide array of additional circumstances that may warrant an alimony modification, including one spouse developing a serious medical condition, getting fired/demoted, or otherwise earning more or less money than he or she was earning at the time the initial alimony agreement was reached.
Terminating Alimony in New York State
Alimony is not intended to be permanent. Instead, it is a means to temporarily help the financially dependent spouse become financially independent down the road. This is why there are various circumstances that may warrant the permanent termination of an alimony agreement. For example, if the once-dependent spouse becomes financially independent, the other spouse may request a termination of alimony payments. Additionally, if the financially dependent spouse remarries/cohabitates with a new romantic partner, this should also constitute the termination of an alimony agreement. Finally, if both parties can agree on a date where alimony payments cease, if the court has predetermined a date where alimony payments cease, or if the receiving spouse passes away, it should trigger the termination of an alimony agreement.
Contact Our Nassau County Alimony Lawyer
The bottom line is that when it comes to alimony in New York State, you cannot afford to proceed without an experienced family law attorney who knows the ins and outs of spousal support law. Contact Barrows Levy PLLC today so we can begin analyzing your situation and determining the best path forward on your behalf.