When a couple seeks a divorce, oftentimes the lower-income spouse will request alimony or spousal support from the higher-earning spouse for financial support. Essentially, alimony is a type of payment where one spouse is required to provide their former spouse with financial support after or during the divorce process. The courts may grant a spouse alimony to help them support themselves. However, the court may also deny a spouse alimony after evaluating several factors. If you are getting divorced and are seeking alimony, please read on and contact a trusted Rockland County Alimony Attorney who can help you through this intricate legal process.
Can my spouse be denied alimony in New York?
In New York, typically the court will grant alimony to the lower-income spouse to help them financially after or during a divorce. However, the court may deny a spouse alimony solely based on the fact that they don’t need financial support or because the higher-earning spouse does not have the funds to afford maintenance payments. In most cases, if a spouse can work and their former spouse cannot afford to provide spousal support, the court can deny alimony. It is pertinent to note that New York is a no-fault divorce state, meaning both parties could cite fault grounds, however, it will not affect whether a spouse is granted spousal maintenance. Additionally, it is also important to note that there is no guarantee that a spouse will receive alimony. It ultimately depends on several factors whether they will receive financial support from their spouse to help their financial stability after or during the divorce process.
What are the different types of spousal support?
In New York, a spouse may be required to provide either temporary maintenance or postdivorce maintenance to their spouse for financial support. Temporary maintenance is often paid to a spouse during the divorce and payments end when the divorce is settled. Temporary maintenance is only awarded to spouses that can prove their actual financial need for spousal support. Postdivorce maintenance is paid to a spouse after the divorce is finalized. Generally, the courts will determine this type of spousal support by evaluating both parties’ income and the duration of the marriage. It is important to note that a spouse could be granted both temporary and postdivorce maintenance if the courts find it appropriate. Furthermore, the duration of spousal support often depends on the length of the marriage. For instance, the court may deem that if the marriage lasted 15 years, financial support would last between 15-30% of the length of the marriage. However, the court can consider other factors as well when determining the duration of spousal support. Nevertheless, most of the time, the court will find it appropriate to award a spouse alimony. However, in some cases, a spouse may be denied alimony altogether. Ultimately, several factors could affect whether a spouse is denied alimony.
If you are seeking spousal support, please don’t hesitate to reach out to one of our determined and adept attorneys. Our firm is committed to helping our clients seek financial stability through alimony.