Couples who go through a divorce are required to settle many legal matters as a part of the process. During this time, an important matter to settle is alimony. Alimony is court-ordered financial support from one spouse to another. These are payments that are made for a period of time after a divorce to assist a dependent spouse. Sometimes, families have a single income household. This may be if one spouse is the provider while the other is the caretaker of the home and children. These situations may leave one spouse in an unfair financial state without a salary of their own. With alimony payments, they are given an opportunity to gain independence without a financial struggle.
Divorce is often a complex process that does not end with spouses on the best of terms. Hostile divorce situations can cause the topic of alimony to become difficult. There are cases in which one spouse may not want to financially assist their former spouse. It is because of this that a judge makes all decisions regarding support payments. The court considers several factors before coming to a conclusion. This may include:
When spouses file for divorce, they can cite either fault or no-fault grounds. Sometimes, spouses may believe that a judge will rule in their favor if their spouse wronged them. However, courts in the state of New York do not take fault grounds into consideration when determining alimony. What they may consider is if there is an economic fault. If a spouse is irresponsible in handling their finances, it may affect the judge’s decision. This is also the case if one spouse affected the dependent spouse’s earning capacity.
Alimony payments may be terminated for the following reasons:
Leslye M. Schlesinger serves Rockland and Westchester County with compassion and integrity. With over 30 years of experience guiding clients through matrimony law, she now focuses on helping clients avoid litigation through alternative dispute resolution, including collaborative divorce and mediation. If you need an effective and committed attorney, contact Leslye M. Schlesinger for a consultation.