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Can I Get Alimony In The State Of New York?

Can I Get Alimony In The State Of New York?

If you're getting divorced, you've probably heard of alimony-an arrangement in which one spouse pays a regular sum to help the other spouse maintain their accustomed lifestyle. A number of factors affect your eligibility to receive spousal support in NY, also known as "spousal maintenance."

The only reliable way to ensure your best interests are served is to contact a team of experienced divorce lawyers in Suffolk County, NY. That being said, it's always good to familiarize yourself with the ins and outs of New York divorce law.

THE VARIABLES AFFECTING SPOUSAL MAINTENANCE IN NEW YORK

Typical amounts and length of spousal support in New York vary. Maintenance is usually for a certain period of time. In order to make its decision, the court will evaluate numerous factors, including some of the following:

  • Income and property between each spouse. The court will consider each spouse's financial situation. If there is a significant disparity, the chances that the less prosperous will receive support increases, as does the amount of the payments.
  • Length of the marriage. Each case is different, but, typically, the longer the marriage, the larger the payment. Spouses who have foregone employment opportunities to stay at home and care for children over the course of many years are particularly well-placed to receive maintenance payments.
  • Age and health. If you're older and suffer from major health complications, you may need more financial help. That may sway the court in favor of a higher or lengthier award of support.
  • Expected annual earnings.Both present and potential future earnings influence the judge's decision. Although you may be earning very little now, your ability to secure employment in the future may limit the length of maintenance.
  • Pursuing further education or training. It takes time to become financially independent. In recognition of that, the courts provide a financial buffer in the form of maintenance but, usually, only for the amount of time it takes to pursue the education or training needed to start a successful career.
  • Whether the other spouse interfered with the other to earn a living. Was the marriage marred by domestic violence, or did one spouse demand the other you stay at home? Did he or she impede the other's ability to maintain financial stability or career success in any way? The court will take those factors into consideration.

SPOUSAL SUPPORT IN NEW YORK

In general, spousal maintenance payments will decrease to the extent that you're able to secure a job, earn an independent living, and take care of all dependents. The support will increase to the extent that you'll face an uphill struggle to establish an independent life. Other factors include the division of property during the divorce, child care responsibilities, tax consequences, and even special circumstances that are unique to the case at hand.

HOW TO KNOW IF I NEED A LAWYER

Anyone seeking a divorce, particularly spouses who plan to request spousal maintenance, should contact a lawyer before taking any steps. Divorce lawyers in Suffolk County, NY will help you file for divorce and request the court for spousal maintenance payments. Want to know more about filing for divorce in the state of New York?

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