Alimony, also known as spousal maintenance, is financial support that one spouse may be required to pay the other during or after a divorce. The purpose of alimony is to help a lower-earning spouse maintain financial stability while transitioning to independence. Courts in New York consider several factors when determining whether alimony should be awarded, including the length of the marriage, the financial situation of both parties and each spouse’s ability to earn a living. Unlike child support, alimony is not automatically granted and must be argued for in court.
At The Gilmer Law Firm, PLLC, George M. Gilmer, Esq. understands how challenging divorce proceedings can be, especially when financial support is a concern. Based in Brooklyn, our firm works with individuals seeking fair and reasonable alimony arrangements. Whether you are requesting maintenance or defending against an unfair claim, our firm is prepared to advocate for your financial well-being. We take the time to evaluate your unique circumstances and provide legal guidance tailored to your needs.
Reasons for Alimony
New York courts award alimony based on several factors, including:
- The income and assets of both spouses
- The length of the marriage
- The age and health of each spouse
- Whether one spouse sacrificed career opportunities for the other
- The ability of the requesting spouse to become self-sufficient
- Whether one spouse has primary custody of the children
The goal of alimony is to ensure that one spouse is not left in financial hardship while the other moves forward with financial stability. The amount and duration of payments depend on the unique circumstances of each case.
What Can Disqualify You from Receiving Alimony in NY?
Not everyone qualifies for alimony in New York. Some factors that may disqualify a spouse from receiving maintenance include:
- Financial Independence: If the requesting spouse has the means to support themselves, the court may not grant alimony.
- Inability to Pay: If the paying spouse does not have sufficient income or assets due to job loss, high debt, or other financial obligations, they may not be required to pay alimony.
- Similar Incomes: When both spouses earn comparable salaries, alimony is unlikely to be awarded.
- Change in Financial Circumstances: If there is a substantial shift in either spouse’s financial status, such as retirement or disability, it may impact the alimony arrangement.
- Prenuptial or Postnuptial Agreements: A legally binding agreement signed before or during the marriage may limit or eliminate the right to alimony.
Are You Eligible for Spousal Support in New York?
Determining eligibility for alimony depends on multiple factors, including your financial status and the duration of your marriage. If you believe you are entitled to spousal maintenance, consulting with an attorney can help you understand your legal rights. Our firm will review your case and help you pursue the financial support you may deserve.
Are You Not Receiving the Spousal Support You Should Be?
If you were awarded alimony but are not receiving payments, you have legal options. A court order for spousal support is legally binding, and failure to comply can result in enforcement actions. If your ex-spouse has stopped paying or is making reduced payments, we can assist in taking legal steps to recover the funds you are owed.
How Is Spousal Support Calculated in New York?
New York courts use a statutory formula to determine alimony payments, but adjustments can be made based on the unique circumstances of each case. The calculation takes into account factors such as income, living expenses, and financial obligations. Understanding how the court applies these calculations is crucial in determining fair payment amounts.
What Types of Spousal Support Are Available in Brooklyn, NY?
New York law recognizes different types of alimony, including:
- Temporary Maintenance: Awarded while a divorce is pending.
- Rehabilitative Maintenance: Provided for a set period to allow the recipient to gain financial independence.
- Permanent Maintenance: Reserved for long-term marriages where one spouse cannot become self-sufficient.
- Reimbursement Maintenance: Granted when one spouse contributed to the other’s education or career advancement.
Contact a Brooklyn Alimony Attorney at The Gilmer Law Firm, PLLC
If you are seeking alimony or defending against a maintenance claim, The Gilmer Law Firm, PLLC is here to help. George M. Gilmer, Esq. has extensive experience handling spousal support cases and will work diligently to protect your financial interests. Contact our Brooklyn office today to schedule a consultation and discuss your legal options.