New York alimony laws are constantly under revision, so it is advisable for those seeking a divorce acquire legal help from an experienced New York alimony lawyer well-versed in the nuances and complexities of New York divorce and alimony law.
What is Alimony?
Alimony is a court ordered payment paid by one party to the other party upon divorce. Alimony, often referred to as spousal maintenance, is not guaranteed in the State of New York. Under the 1980 Divorce Code, the court may order one party to pay alimony if the court deems it necessary. In cases where one party is seeking alimony, it is advisable that both parties retain lawyers to be certain that their best interests are being served.
Purpose of Alimony
The rationale behind alimony is to ensure that the dependent spouse has sufficient means to provide for his/her needs. Often times, alimony is awarded to a spouse if he/she earned substantially less income than the other party and without alimony would be unable to maintain the lifestyle to which he or she had become accustomed. Accordingly, it negates “unfair economic consequences” that often arise from divorce.
Who is Entitled to Receive Alimony?
If the New York court determines that one spouse is at a significant financial disadvantage as a result of the divorce and will be unable to maintain the same quality of life, the court may order the higher-earning spouse to pay alimony. To ensure fair treatment under the law, it is important that both parties be represented by lawyers who possess expert knowledge of New York alimony laws.
Temporary Alimony Law
Temporary alimony is alimony that the higher earning spouse is ordered to pay to the lower wage earner during the period before the final decree is issued. This law, enacted in 2010, applies a strict formula for determining the amount of alimony the lesser earning party will receive. Under New York alimony law, once the parties have filed for divorce, it takes at least one year before the final decree of divorce is granted. Temporary alimony thus covers only the time between the filing and the final decree. It does NOT consider how long the parties were married, and it applies to only the first $500,000.00 of income.
If you are going through a divorce, you should contact a divorce and alimony lawyer in New York. Alatsas Law Firm are experienced Brooklyn divorce attorneys with the knowledge and experience to help you obtain the maximum amount of alimony in a divorce.