Alimony in New York, also referred to as spousal support or maintenance, is influenced by a number of factors. As such, if you are going through a divorce,It’s imperative to understand how spousal support is determined on Long Island. In general, the courts will consider the length of the marriage, the income and earning capacity of each spouse, and the standard of living established during the marriage, among other statutory factors. As such, you’ll want to keep reading, as the following blog explores the different factors that influence the outcome, as well as the importance of contacting Long Island alimony lawyers to help guide you through this complicated process.
What Is Alimony?
Alimony is a form of spousal support awarded after a divorce to a spouse as a means of helping them financially after the divorce process. Typically, the recipient spouse is unable to support themselves without the assistance of their ex-spouse. As such, the court can order alimony as part of the divorce decree.
Unfortunately, there are several common misconceptions regarding alimony. One of the most common beliefs is that alimony will automatically be awarded to the lower-earning spouse during a divorce. However, it’s imperative to understand that if a spouse wishes to receive support, they must include that in the divorce petition they file. Additionally, if a spouse requests support, the court must consider several factors before ordering alimony payments.
Key Facts About Alimony
- Alimony is often called spousal support or maintenance
- Alimony is not automatically awarded by the court in every divorce
- Either spouse may request alimony during the divorce
- New York courts, including those on Long Island, will consider the financial needs and earning capacity of each spouse
- Alimony may be post-divorce, temporary, or durational
- The length of the marriage impacts the duration of alimony
How Do New York Courts Determine Spousal Support?
As mentioned, there are a considerable number of factors the courts must consider before awarding alimony to a party during a Long Island divorce. These factors are used to determine if alimony should be awarded, and if so, the amount and duration of payments.
Factors Courts Consider When Determining Alimony
- The age and health of each spouse
- How long the couple was married
- The standard of living established during the marriage
- The income of each spouse
- How property is distributed
- The earning capacity of each spouse
- If one party sacrificed their career to support the other
- If any training or education would be required for the spouse to reenter the workforce
- The state of the job market at the time of the divorce
- The tax consequences for each party
- Any other factors the court deems relevant
Why Income and Earning Capacity Matter in Alimony Cases
- New York courts consider both the income and the earning potential of each spouse
- A spouse with considerably lower earning capacity may receive alimony
- Career sacrifices made during the marriage can influence alimony awards
- Financial disclosure is critical during a divorce proceeding
- Bonuses and commissions will be evaluated as income sources
How Long Does Alimony Last in New York?
It’s also important to understand that, in addition to determining how much monthly payments should be, the court must also determine how long alimony will last. Typically, the length of payments is determined by the length of the marriage and the circumstances of each spouse.
Typical Alimony Duration Guidelines
- Marriages that last up to 15 years: support lasts between 15%-30% of the length of the marriage
- Marriages that last between 15 and 20 years: support lasts between 30%-40% of the length of the marriage
- Marriages that lasted over 20 years: support should last between 35%-50% of the length of the marriage
What Can Impact the Length of Alimony Payments?
- The financial needs of the recipient spouse
- If one spouse needs additional education or job training
- Considerable differences in the income of the spouses
- If the divorce involved high-net-worth assets
- Whether the couple shares children, and their custody arrangement
Can Alimony Be Modified on Long Island?
Yes, on Long Island, the court may modify alimony payments. However, for the court to consider a modification, the spouse requesting the change must prove that a substantial change in circumstances has occurred to warrant the modification of the court order. Courts on Long Island won’t change an order simply because one party disagrees.
Circumstances Under Which Alimony May Be Modified
- Loss of employment
- Retirement
- Serious illness or permanent disability
- Considerable change (increase or decrease) in income
- Changes in the financial circumstances of the recipient spouse
- Failure to comply with existing court orders
Contact an Experienced Nassau County Divorce Attorney
As you can see, alimony can be an incredibly complicated matter with a considerable number of factors that determine the outcome. That is why it is in your best interest to connect with an experienced divorce attorney with the Sklavos Law Firm. Our team understands how difficult it can be to fight for the alimony you deserve, which is why we are here to help. Whether you are the paying or the recipient spouse, we can assist you in the fight for a fair outcome. Contact us today to learn how we may assist you during your divorce.