During a divorce, one former spouse may be awarded spousal support which will be paid by the other former spouse. This is likely significant for divorcing spouses which is why they should be familiar with how any award of spousal support is determined and made.
How spousal support is calculated in New York
Spousal support, or alimony, may be awarded to one former spouse to help offset an unfair financial imbalance that results from the divorce. In general, a non-wage earning spouse or lower-wage earning spouse may be awarded spousal support. The purpose of spousal support may be to help one spouse develop the jobs and skills to support themselves if they have remained in the home to support the family during the marriage rather than pursuing a career. Another purpose for which spousal support may be awarded is to help the spouse continue to maintain their standard of living enjoyed during the marriage.
There are several factors used to determine spousal support. Factors include the ages, physical conditions, emotional states and financial conditions of the former spouses; the length of time the recipient spouse would need to obtain the education and training to become self-sufficient; the standard of living the couple enjoyed during marriage; the length of the marriage; and the ability of the paying spouse to pay spousal support and continue to be able support themselves.
Spousal support may be awarded for different durations so it is important for divorcing spouses to know how spousal support is determined and the other parameters surrounding it. It will help guide divorcing spouses through a request for spousal support during their divorce.