When you and your spouse divorce, you’ll find that alimony can be one of the most contentious and complicated parts of this legal process, as there are many factors that must be taken into consideration to determine the outcome of these matters. As such, it is in your best interest to understand how these matters are handled and the importance of obtaining legal guidance. The following blog covers what you must know about the different types of spousal support, how payments are determined, and why you should work with a Long Island alimony lawyer to help you through this process.
How Is the Need for Alimony Determined on Long Island?
There are many misconceptions that surround the alimony process, with one of the most common being that alimony is automatically awarded to the lower-earning spouse in the marriage. However, the reality of this situation is that a spouse who wants alimony must request it as part of their divorce petition. The court will only award alimony if it is sought. Even so, the court must examine several circumstances to determine if alimony is necessary, and if so, how much the payments should be and the duration of the order.
As such, the courts will consider the following factors when determining whether or not alimony should be awarded:
- The length of the marriage
- The income of each spouse
- The standard of living established during the marriage
- If one spouse puts their career on hold to support the other or raise a family
- If the recipient spouse would require education or training to reenter the workforce
- The current state of the job market
- Any other factors that the courts deem relevant in these matters.
Are There Different Types of Spousal Support?
It’s imperative to understand that alimony is not one-size-fits-all in New York, as there are different options that the courts can order based on the factors of your unique case. Generally, there are two primary kinds of alimony you can expect. The first is temporary, or pendente lite, alimony. Essentially, this alimony is awarded at the start of a divorce and lasts until the final decree is issued by the judge, thus closing the case. The goal of this support is to help the recipient spouse become self-sufficient.
However, depending on the circumstances of the divorce, the court may also order post-divorce maintenance. This is ordered as part of the divorce decree and requires that payments continue following the final divorce judgment. Generally, the length of the marriage will determine how long the payments should last in a process known as durational alimony. If you and your spouse were married for up to 15 years, the alimony guidelines generally recommend that payments last 15-30% of the length of your marriage, while unions that lasted 15-20 years may be awarded support for 30-40% of the length of the marriage. However, it is ultimately up to the discretion of the judge to determine how long support should last based on the couple’s circumstances.
Because many factors can impact the outcome of alimony in New York, connecting with an experienced attorney to guide you through this process is critical. At Barrows Levy PLLC, we understand that this matter can be contentious. As such, if you want to ensure your alimony payments are fair, working with our team is in your best interest. We can help you fight for the best possible outcome for your circumstances. Contact us today to learn more.
