Undergoing a divorce may prompt a significant lifestyle change for both you and your spouse. More specifically, it may come with a complete shift in both your financial situations. So during this transitional period, courts typically establish an alimony order. With this, the higher-earning spouse makes payments to the dependent spouse until they can grow to become financially self-sustaining. Follow along to find out how a New York family court might calculate your alimony decision and how a proficient New York City alimony attorney at Zimmet Law Group, P.C. can help you receive a fair and just order.
How do New York family courts calculate alimony?
Contrary to what you may initially think, there is no standard formula to calculate alimony. Rather, your alimony order will be decided at the discretion of the New York family court. Without further ado, the factors that the court may consider to reach a fair and just decision are as follows:
- The duration of your and your spouse’s marriage.
- The standard of living established during your and your spouse’s marriage.
- The yearly salary and overall earning potential of you and your spouse.
- The education or training needed by the dependent spouse to become financially self-sustaining.
- The age and overall physical, mental, and emotional health of you and your spouse.
- The property division order that the court has already established, along with its tax consequences.
- The child custody and child support order that the court has already established.
It is worth mentioning that, in rare instances, the court may consider your spouse’s economic fault when awarding alimony. For example, this may apply if you cited your spouse’s embezzlement of funds from your business, your spouse’s gambling addiction, or otherwise your spouse’s financial misconduct as the grounds for your divorce.
What should I do if I disagree with the court’s alimony decision?
You must understand the necessity to closely abide by the New York family court’s alimony order, whether you agree with it or not. This is because going against the court’s orders may lead to a plethora of consequences, such as wage garnishment and, in more serious situations, the loss of your driver’s license, the loss of your property, and jail time.
Rather, if you wish for the terms and conditions of your alimony order to be different, then you must formally petition its modification. With this petition, you must demonstrate to the court why your order should be modified or altogether terminated. For example, you may cite that, since its initial decision, your spouse has found themselves in a better financial standing; they may have accepted a higher-earning job, come into a great inheritance, remarried, or otherwise.
We believe that legal representation from one of the talented New York City family law attorneys is the best for you and your divorce proceedings. So please get in touch with Zimmet Law Group, P.C. as soon as you can.