Protecting Your Financial Future During Your Divorce Case

If you’re filing for divorce in New York, you’ll need to address some important legal issues before the family court judge will finalize your divorce. One such issue is alimony, which is typically ordered only when one spouse will face financial hardship due to the divorce. If you’re unsure if alimony will be a factor in your case or have questions about how it works, you should call the Law Offices of David Bliven for legal representation.

When you hire our New York family law firm to handle your legal needs, you’ll work with a skilled Bronx alimony lawyer ready to protect your financial interests using a personalized strategy for your case. If you would like to discuss your specific legal needs with a caring attorney, please call our Bronx law firm today.

How Does New York Family Law Define Alimony?

Alimony refers to a payment that one spouse is required to make to the other spouse once they’ve decided to end the marriage. In this state, alimony is often referred to as spousal support during the divorce process, and spousal maintenance after the divorce is finalized.

Spousal support isn’t required in every divorce case. In fact, it’s usually only mandated by a Judge when it’s clear that one spouse earns a lot less money than the other and will be unable to pay their bills once the marriage is over. The type and amount of spousal support you’ll pay or receive will depend on your specific circumstances, which is why you should hire an experienced attorney to advise you during your case.

If you’re struggling to pay your bills during the divorce, you might be granted temporary support. This is meant to assist you financially until the divorce is final, which is helpful if you’re waiting to get your share of the marital estate or for child support payments to start once the case is over.

If you still can’t afford to pay your bills after the divorce is final, you may be granted a final award of spousal maintenance. This usually lasts for as long as it takes for you to become self-supporting, giving you a chance to gain the job skills or advanced education necessary to improve your earning capacity. This could range from a few years to more than a decade, depending on several factors. Call our law firm in the Bronx today to learn more about spousal support during your divorce proceedings.

How Does Family Court Determine Who Gets Alimony?

The court will review the specific circumstances of your case to determine if temporary support or spousal maintenance should be granted. Since spousal support is temporary (as opposed to awards in the Supreme Court, which may be permanent), the court often uses a standard formula that considers only a few details, such as each spouse’s income and whether one spouse will also be paying child support.

Spousal maintenance determinations in Supreme Court are typically more complex, as maintenance can last for years. When determining this, the Judge will normally look at the following factors:

• The income of each spouse
• The earning capacity of each spouse
• Each spouse’s separate and marital property
• The health and age of each spouse
• The standard of living during the marriage
• Any factors that affect one spouse’s earning capacity, such as disabilities or a lack of education
• The duration of the marriage
• Each spouse’s contributions to the marriage, including paying the bills, providing childcare, or supporting the spouse’s career
• The tax consequences of the proposed spousal maintenance

If you’re unsure if any of these circumstances make you eligible to receive spousal maintenance, it’s time to talk to skilled divorce attorneys about your alimony case. Our team can give you the experienced guidance you need if you’re pursuing spousal support or maintenance in New York, so call our law firm today for legal representation.

How Long Does Spousal Support Last?

Once the court makes a decision regarding spousal support, it will make it clear how long the payments must be made. This depends on whether the alimony is durational or non-durational.

Durational payments must be made for a specific number of years, based on the duration of the marriage. For example, if you were married for up to 15 years, spousal support should continue for 15% to 30% of the length of the marriage. If you were married for more than 20 years, the duration can increase to 35% to 50% of the length of the marriage.

On the other hand, non-durational maintenance will need to be paid indefinitely. This is usually only the case in certain circumstances, such as if one spouse is severely ill or disabled and therefore cannot support themselves. Similarly, if the marriage lasted for decades and one spouse never entered the workforce during that time, a Judge might order non-durational support since starting a career late in life may not be possible for everyone.

If you’re curious about how long you’ll likely pay or receive spousal support in New York, you should talk to alimony attorneys for answers about your case. At our law office in the Bronx, we regularly represent clients with concerns about alimony, child custody, property division, and other legal issues that are common during divorce. You can rest assured that our knowledgeable attorneys have your best interests in mind and would be happy to walk you through the entire process of pursuing or modifying spousal support in your alimony case.

What If You Need to Modify Your Spousal Support Court Order?

Whether you’re paying or receiving spousal support, the reality is that your financial circumstances could change over time, especially when the court has ordered the payments to last for several years. When this occurs, you can request a modification in the amount.

To qualify for a modification, you must meet certain requirements. For example, some settlement agreements provide that if it’s been at least three years since the court ordered maintenance, and you or your spouse’s income has changed by 15% or more, you may be able to increase or decrease the amount of support. Your other option is to prove that your financial circumstances have substantially changed (such that the current amount poses an “undue financial hardship”), requiring a decrease or increase in support. Such changes can include:

• The paying spouse lost their job, making it difficult or impossible to pay spousal support
• The paying spouse experienced a drastic reduction in income, such as a demotion or fewer hours at work
• The paying spouse suffered an illness or injury that greatly reduced their income
• The spousal support recipient substantially increased their income through a new job (though if the settlement agreement doesn’t state otherwise, a mere “substantial increase” may not be a sufficient basis)
• The recipient has had an unanticipated increase of their expenses
• The spousal support recipient has remarried or moved in with a partner

If these or similar significant life changes have affected the amount of support you need to receive or can pay, reach out to alimony attorneys in the Bronx to discuss your options. A skilled attorney from our firm can review your situation and determine if you can request a modification to your alimony court order.

Why Should You Hire a Bronx Alimony Attorney?

If you have questions about how alimony works in New York, you should contact the Law Offices of David Bliven. Our team can create a personalized strategy that puts your best interests first, whether you’re requesting alimony, sole custody, or other outcomes that clients often want during divorce.

We understand that divorce can be a confusing, challenging time for our clients, so we offer compassion and prompt answers to questions throughout the entire process. If you’re ready to discuss alimony, custody, and other legal issues with a caring attorney serving clients throughout the Bronx, call 917-938-7827 to schedule an initial consultation with our team.