Finances inevitably come to the forefront in a New York divorce. It does not matter if it is a high-asset divorce, a middle-class couple or people who are of limited means. Money is always a concern.
In these cases, spousal support (also referred to as alimony) can be a major topic for dispute. In a best-case scenario, the parties can agree to an amount and its duration. However, there are times when they cannot come to an agreement and the court must decide.
Regardless of the situation, it is important to understand what factors are considered when it is decided upon. While this is frequently viewed from the perspective of the former spouse who will receive the payments, it is also critical to the person who is being asked to pay. The law assesses myriad factors. Being prepared is essential.
Support amount and duration can vary based on circumstances
Everyone’s situation is different. If, for example, a couple had one working spouse and the other was a homemaker or stay at home parent, that can impact the earning ability of the person who did not work and might not have the education and experience to find suitable employment for self-support. To ensure they can make ends meet, the court will order the working former spouse to pay support.
The length of the marriage is also considered. If it is a longer marriage, then the likelihood is that the order will be extended based on how long the couple was married. An older couple could have trouble finding employment and might need to have extended support.
People will have had a lifestyle when they were married that the support order is expected to maintain. A wealthy couple might require that the paying party help the receiving party keep a home and have amenities they have grown accustomed to. A high-earning person with substantial assets cannot pay the bare minimum to the former spouse.
In general, there is a limited duration for which the payments will be made. In some cases, the payments continue until the receiving party can support themselves. They might need to go to school or receive training to get a job. However, the state has a formula that it will use. A marriage that lasted for 20 years would likely warrant alimony be paid for up to 10 years or half the duration of the marriage. Still, the court has wide discretion.
When seeking a fair resolution in a family law case, help is imperative
Spousal support can be a source for discord in a family law case even if the sides are on reasonably good terms. When trying to end the marriage and move forward, it is wise to know the law and what factors will come to the forefront for every issue. This is particularly true with finances, payments and what will be received long after the marriage is over.
From the start, it is crucial to know the factors, the financial details for each party and how much will be needed and available. Having assistance from the outset can be beneficial with reaching a reasonable resolution.