When you suffer physical, emotional, or mental abuse at the hands of your partner, it could feel as though you’re helpless. In many cases, a primary cause for the dissolution of marriage is domestic violence, as it can affect families in profound ways, resulting in long-lasting impacts on their present and future lives. Unfortunately, there are instances in which domestic violence accusations are made to exact revenge on a spouse. Whatever the case may be, the effects are damaging to all parties involved. As such, the court will consider various factors when they are making decisions regarding whether they award alimony. Please continue reading to learn how domestic violence impacts alimony and how a trusted Rockland County Alimony Attorney can help protect your rights.
Does domestic violence impact alimony payments in New York?
When you decide to end your marriage, the court will consider various factors when awarding alimony payments. However, it’s imperative to note that alimony is not automatically awarded to the dependent spouse. It has to be requested through the court, where they have broad discretion in weighing each of the following factors:
- The length of the marriage
- The age and health of each spouse
- Each spouse’s earning capacity
- The parental responsibilities for the children
- The living standard that each spouse grew accustomed to during the marriage
- The financial circumstances of each spouse
- The actual need and ability of the paying spouse to afford maintenance payments
- The tax consequences of an alimony award
- Any history of domestic violence
- Any other relevant factors
When an abused spouse can demonstrate that the abuse they suffered has impacted their financial ability to be self-supporting, the court may award them alimony. Ultimately, domestic violence can influence a judge’s decision about alimony. While judges don’t order one spouse to pay alimony as punishment for bad behavior during the marriage, the court will consider how domestic violence has affected the abused spouse’s ability to support themselves.
Will I have to provide this type of financial support to my abuser?
Many domestic violence survivors wonder whether they will have to provide alimony to their abuser. Fortunately, various laws permit judges to bar a spouse from collecting alimony. For instance, those who are convicted of serious criminal offenses such as assault and homicide cannot collect alimony. Nevertheless, in some states, it’s possible for an abusive spouse who demonstrates financial need to be awarded alimony from a domestic violence survivor. In New York, the court will consider each party’s marital behavior when determining an alimony award.
Therefore, to ensure your rights are protected, you should enlist the help of a determined attorney from The Law Office of Peter L. Jameson, PLLC. We are prepared to help you fight for the support you deserve and ensure you do not fall victim to your abusive spouse any longer.