For many couples, alimony is one of the most contentious aspects of divorce. This is often due to the fact that the paying spouse believes they are paying too much, while the recipient spouse may believe the amount is too low. Regardless, it’s imperative to understand how spousal support is determined during a Long Island divorce. 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.
How Do the Courts Determine Spousal Support?
As mentioned, there are a considerable amount of factors the courts must consider before awarding alimony to a party during a Long Island divorce. These include, but are not limited to, the following:
- 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
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. When receiving durational alimony, you’ll find the New York courts typically follow the following 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
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 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.
