Alimony, also known as spousal support, plays a crucial role in many divorce proceedings as it addresses the economic disparities that often arise from ending a marriage. If a divorce is imminent and you’re concerned about your spousal support determination, it’s in your best interest to enlist the help of a determined Nassau County Alimony Lawyer who can fight for a fair and just agreement. Please continue reading to learn how courts calculate alimony in New York.
How Do Courts Calculate Alimony in New York?
Firstly, alimony is the legal obligation of one party to support the other financially during or after a divorce. It’s crucial to note that alimony is not automatically granted. The dependent spouse must request it. Generally, the duration of the support is dependent on the length of the marriage. The longer he marriage, the greater the support:
- For marriages lasting fifteen years, maintenance could be ordered between 15 to 30% of the duration of the marriage.
- For marriages lasting sixteen to twenty years, maintenance could be ordered between 30 to 50% of the duration of the marriage.
- For marriages lasting more than twenty years, maintenance could be ordered between 35 and 50% of the duration of the marriage.
However, not all matters can be decided based on the formula. The courts will consider various factors, all of which can impact their decision:
- The age and health of each party
- The length of the marriage
- Earning capacity of each party
- Each party’s contributions to the marriage
- The standard of living established during the marriage
- The equitable distribution of property
- The tax consequences
- Any history of domestic violence
- Any other facts which the court deems relevant
Nevertheless, the court will consider the actual need for this type of financial support and the ability to afford this maintenance.
When does this obligation end?
There are various reasons why an alimony obligation may end. However, it generally would stop in the following circumstances:
- The death of either party
- An agreed-upon date
- A date determined by the court
- Remarriage of the dependent spouse
If there are significant changes in your circumstances after the alimony was decided, the judge may consider an extension. If you’re receiving support and need to extend the obligation, you can file a request to have your existing support order modified. However, it’s up to the judge’s discretion to determine whether it’s appropriate.
Ultimately, alimony can be one of the most significant divorce issues. As such, it’s in your best interest to enlist the help of an adept Nassau County alimony lawyer. At The Law Offices of Eyal Talassazan, P.C., we are prepared to help you achieve a favorable outcome.
