Divorce

Divorce and Alimony...New York

Today we are looking at New York alimony after the divorce process, and how they determine wither a spouse gets alimony or not.  Like most states there are many factors that are looked at to determine alimony after a divorce, how long the alimony will be paid, and how much alimony.  New York also refers to its alimony as maintenance, alimony can be paid for just a couple months until a spouse can return to the work field, or it can be paid for years to come.  Here are the factors that choose how much, when, and how long alimony will be paid for after a divorce in New York. 
  1. The standard of living before the divorce is always looked at, was the spouse a stay at home mother or wife, that has not had a job in many years of the marriage, and now has to find a way to return to the work force after the divorce, to pay for the cost of living.
  2. How long did the marriage take place before the divorce, was it a couple months, a couple years or over 5 years?  Most the time anything over 5 years before a divorce is considered to be longer marriage, and that has a big play in alimony, especially if the spouse was a stay at home, mother or wife.  Also the age of each spouse is looked at, with the length of the marriage along with age, how easy is it to return to a work field?
  3. The needs of each spouse are looked at, is one spouse going to have to go back to school after the divorce to be able to get a higher paying job to pay bills?  Is there certain medical cost etc. alimony comes into play here.
  4. Financial responsibilities of each spouse is looked at, who will be paying what after the divorce.
  5. If there are children in this divorce that have been use to a stay at home mother for years, and will the mother going back to work for a full time job have a huge impact on the children. Alimony can be paid while a parent gets schooling, and remains a stay at home mom until the children are old enough to be out on their own, usually 18 years of age.
  6. The responsibilities of schooling, domestic duty, education and the career building responsibilities are looked at for each spouse,.
  7. If any tax consequences come after the divorce, alimony can be paid for this.  Also the vocational and employability skills of the spouse needing the alimony are looked at, for education and work force needs.
  8. Sources of income for each spouse is looked at, If they both do have jobs, who gave the bigger contribution of care to the marriage, can one spouse make it on what they are making, will alimony need to be paid for the standard of living before the divorce.
  9. The conduct of each spouse during the marriage.
  10. Also the spouse’s assets are looked at during the divorce.  Who will be getting what and the cost?  Also is there any income or assets to be acquired in the future.
 All of these come into play, during a divorce to when and how much alimony will be and for how long.  Alimony is a spousal support; a person sometimes does not expect a divorce.  You have a person taking care of you and then that is all taken away.  Temporary alimony can be paid for during the divorce process, but amounts can change when the divorce is finalized.
Posted: Mar 05 2008, 06:58 AM by Divorce | with no comments |
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