NATIONALLY RECOGNIZED FEDERAL LAWYERS
Last Updated on: 18th August 2023, 09:39 pm
An Overview of Spousal Alimony in New York
Divorce cases happen frequently, and one of the former spouses often pays the other periodically or permanently as ordered by the New York family law. The amount spent depends on the estimated amount of the agreement between the two parties. Periodic alimony is established where the spouse remains ordered to pay a dependent spouse for a specified period, while permanent alimony is where the spouse supports until the other remarries or dies.
Alimony Modifications and Legal Considerations
There sometimes exist some situations where the alimony modifications occur between couples or child safekeeping or alterations to the child support agreement. Concerning such improvements, it is recommended that you contact a professional New York modifications attorney to give details on the considerations the court may put in place to decide whether changes are necessary. Modifying alimony can only be viable with legal justifications and partners who will ensure that any support order is similarly hand in hand with New York Domestic Relations Law and your financial status.
Legal Actions on Spousal Alimony Payment
Divorce trials may end up with either party requesting alimony. Under Article 13, section 236, New York Domestic Relations law suggests that a court has the right to determine support payments from a supporting spouse to a dependent spouse. More so, either party has a right to file a petition to oppose or request more pay from a dependent or a supporting spouse, respectively.
Laws Governing Family Rights
There exist laws that govern the legal systems of New York under family rights. In cases of divorce and problems of children adoption or assets or business division between couples, these laws under legal justifications support each spouse. New York family laws involve NY Adoption Laws, NY Stalking Laws, NY Protective Order Laws, and many others. Other law articles also explain family laws more, guaranteeing total protection of family rights.
Reasons for Alimony Order Changes
The increase, decrease or termination of alimony payments can get done under New York Law for personal or medical or child upkeep financials. Some of the reasons are:
- Remarriage of the dependent spouse
- Increase in cost of living
- Increase or decrease in the supporting spouse’s salary or income
- Financial tragedies from either party
Attorney’s Support in Solving Family Cases
Petitioning an alimony payment modification may not seem simple for the court to justify the ruling; it requires professional attorneys to get you through. Qualified attorneys will represent you in calling or responding to a modification, making the case much more efficient. Again, attorneys can serve you even if you stay outside New York State but have a pending case in New York courts. Furthermore, you may not need to travel to New York for the hearing or testify as you can do all that through the telephone while esteemed attorneys do all that for you.
As an attorney under family law, divorce or matrimonial cases, complex issues such as alimony or child custody problems can get pushed to court, and he or she will help you through it. Furthermore, an attorney may just solve these matters without requiring court hearings.
Also, family attorneys give suggestions outside the court in different ways in which situations, such as alimony payment or modifications, can get done. More often, the attorneys fight for justice for their clients in court, for instance, contesting for a ruling to remain as periodic or permanent alimony. An attorney, regarding financials, may advise couples on safeguarding their child when they break up or solve childcare disputes legally, creating a level field that may hasten the court trial. With that done, the attorney will have taken a significant step in family law.
Frequently Asked Questions About Durational Alimony
During a divorce, one spouse can request the other to pay alimony, also known as spousal maintenance.
Alimony is paid by the spouse who earns a greater income and for the benefit of the spouse who earns little or no income. In many cases, spousal maintenance is limited to a fixed duration. There are several factors that the court will consider before ordering a spouse to pay alimony. If you are in the process of filing for divorce, or if your spouse wants to divorce you, contact a New York durational alimony lawyer to determine your legal options and to help you secure an order that represents your financial situation.
What Factors Are Considered When Granting Alimony?
When deciding whether to issue an order for spousal support, the judge will consider the needs of the spouse petitioning for support and whether the other spouse is financially capable of providing financial assistance. The court will also consider the following factors:
- How old each spouse is and their current health status
- The earning potential of the parties (both current and future)
- Whether taking care of children prevented one spouse from earning
- The need for one spouse to pay for training or education costs
- The duration of the marriage
- The contributions that one spouse has made as a homemaker in an effort to improve the other spouse’s earning potential
- Whether the actions of one spouse have prevented or continue to prevent the other spouse from obtaining employment. For example, in cases of domestic violence, if one spouse’s abuse towards the other affected the victim’s ability to secure a job, the court will take this matter into consideration when issuing a support order.
- Equal division of marital property
What is the Difference Between Durational and Non-Durational Alimony?
If the court orders the supporting spouse to pay alimony to the dependent spouse for a fixed duration of time, this type of support is durational alimony. However, if the court orders the supporting spouse to pay alimony to the dependent spouse for the rest of their life, this type of support is non-durational alimony.
Since the purpose of spousal maintenance or alimony is to help the dependent spouse get training or transition to a new career, or take any other steps to be self-sufficient, it is usually durational. The main exception is when the marriage lasted for a long time and the dependent spouse is old, ill, or incapable of eking out a living. In such circumstances, the judge will order non-durational support.
How Long Does Durational Alimony Last?
When determining the length of time for durational alimony, the court will consider several factors including the needs of the dependant spouse and the ability of the supporting spouse to pay. The court will also determine the cost of caring for any children that the two parties share. Typically, durational alimony cannot last longer than the duration of the couple’s marriage.
In special circumstances, the court may modify the terms of a durational alimony order. This applies to situations where the dependant gets a well paying job, or where the supporting spouse loses their job. In such cases, the court may either reduce the support payments or withdraw the support order.
The Take Away
If you are facing a divorce and are concerned about your financial situation after the divorce is finalized, you need to petition the court to order your spouse to pay durational alimony. Durational alimony is meant to help you get on your feet and become financially independent. Consult a New York durational alimony lawyer to help you secure a spousal support order that is consistent with your financial needs.