When your fairytale marriage devolves into a nightmare, filing for divorce may be in your best interest. However, it’s important to understand what you can expect from this process. While this is an undoubtedly emotional matter, you’ll also need to make a number of important financial considerations, including whether or not you want to seek alimony from your spouse. If you’re unsure how alimony works or what factors are considered when deciding these matters, you’ll want to keep reading. The following blog explores what you should know and why connecting with a Long Island alimony lawyer is in your best interest during these complicated times.

What Is Alimony?

Alimony, also called spousal support or maintenance, is a payment made to an ex-spouse after a divorce to help financially support them. This is particularly important in instances where one spouse was a stay-at-home parent or sacrificed their career to help support the other. Alimony helps ensure that they can maintain a reasonable standard of living after the divorce.  It’s imperative to understand that the goal of this process is to help the recipient spouse become financially independent.

First and foremost, it’s important to clear up the most common misconception about alimony. Many assume that the courts will automatically award payments to the lower spouse. However, this is far from the truth. In reality, a spouse who wants alimony can request it when filing the divorce petition. If their spouse does not agree, the court will intervene to determine if alimony is necessary. Even if the spouse requests support, the court considers several factors before determining whether or not alimony payments should be awarded.

How Is This Amount Determined?

As mentioned, the court will consider several factors before deciding on spousal support. It’s imperative to understand that alimony is not intended to punish one spouse for wrongdoing, but rather to help ease the transition from married to single for the recipient.

Typically, New York courts use a formula based on the income of each spouse to determine alimony amounts. However, they will also take factors into consideration that can lower or increase payments. Alimony awards are ultimately the discretion of the judge assigned to the case. As such, the court will consider the following factors when making a decision regarding alimony payments in Long Island:

  • The age and health of each spouse
  • The income of each spouse
  • The earning capacity of each spouse
  • The standard of living established during the marriage
  • How marital property is distributed
  • If the recipient spouse has the necessary skills and education to enter the workforce
  • The state of the job market at the time of divorce
  • Which parent was the child’s primary caretaker before the divorce

In addition to determining if alimony is necessary, the judge must also determine how much to set alimony payments at and the duration of payments.

As you can see, a considerable number of factors must be taken into consideration during alimony decisions. If you are going through a divorce and want to request alimony, connecting with an experienced divorce attorney from the Law Offices of Jay D. Raxenberg, P.C.,  is in your best interest. We understand how complicated divorce can be, which is why we can help you handle these pressing legal matters to ease the transition into the next chapter of your life. Contact us today to learn how we can fight for you.