When a couple gets divorced, they have to decide on a wide array of issues, including property division, child custody, child support, and alimony. If they can’t agree on these issues on their own, a judge will ultimately decide for them. One of the most frequently contested issues in divorce is, unsurprisingly, alimony (also known as spousal maintenance). Read on and reach out to our seasoned New York City spousal maintenance attorneys to learn more about alimony in New York State and how courts award it. Here are some of the questions you may have:
How do New York courts determine an alimony agreement?
Courts in New York consider a multitude of factors when determining an alimony agreement. Just some of those factors are as follows:
- The duration of the marriage
- Each party’s yearly salary
- Each party’s earning potential
- The standard of living established in the marriage
- Whether there is a child custody/support order in place
- Each party’s age and health
- Any other factor the court deems relevant
Can I modify alimony at a later date in New York?
Often, people find that certain terms in their divorce no longer suit them in the months or years after their divorce was finalized. For example, if you pay alimony but your spouse just got a significantly higher-paying job, won the lottery, remarried, or otherwise no longer requires your financial support, there’s a strong chance you can ask the court to modify or terminate the spousal maintenance order. On the other hand, certain scenarios may warrant an increase in alimony, such as if the financially dependent spouse becomes ill and requires additional support to receive medical treatment. As long as we can prove that there has been a significant, unforeseen and continuing chance in circumstances, you should receive a post-judgment modification.
If you would like to modify your initial alimony agreement or you are facing any other alimony-related issue, our experienced New York City divorce attorneys are here to help. Give us a call today.
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