When Does a Spouse Qualify for Alimony?
Alimony is designed to provide essential support to a spouse who needs financial assistance in order to maintain their standard of living. However, not every spouse in New York State qualifies for alimony, and New York courts consider various factors when deciding whether a spouse is eligible. In this article, the Law Office of Robert S. Sunshine will discuss how a spouse might qualify for alimony in New York State.
What qualifies a spouse for alimony in New York State?
The courts will evaluate several key factors to determine whether or not a spouse qualifies for alimony. Understanding these factors is crucial for the spouse who is receiving alimony and the spouse who is paying. These factors include:
- The length of the marriage – The longer a marriage lasts, the greater the likelihood that alimony will be awarded. Courts assume that the longer the spouses have been together, the more likely it is that their finances are meshed together. Because of this, one spouse may have relied on the other for financial support over the years.
- Income and earning potential – The earning capacity of both spouses is a critical factor in alimony determinations. Courts will analyze each spouse’s current income, job skills, education, and work history. If one spouse has a significantly higher earning potential than the other, then the court is more likely to award alimony to the lower-earning spouse.
- Financial needs and responsibilities – The court will consider the financial needs of the spouse who is requesting alimony. This includes their monthly expenses, debts, and any obligations to the couple’s children. Courts hope to ensure that the receiving spouse can maintain a similar standard of living after the divorce that they enjoyed during the marriage.
- Age and health of the spouses – The age and health of the spouses can influence alimony determinations. Older spouses or those with significant health issues may find it more difficult to secure employment. Courts may consider this factor when determining the need for and the duration of alimony payments.
- Standard of living during the marriage – Courts will also examine the couple’s standard of living that they established during the marriage. The goal of alimony is ultimately to ensure that a lower-earning spouse can maintain a consistent lifestyle after the divorce. This is especially true in cases where one spouse was the primary breadwinner and the other stayed at home to rear the children.
- Contributions to the marriage – The courts will consider what contributions each spouse made to the marriage. These need not be financial contributions, although they can be. Courts recognize that non-monetary contributions are essential to maintaining a household.
Talk to a Westchester County Divorce Attorney Today
The Law Office of Robert S. Sunshine represents the interests of Westchester County residents in divorce proceedings. Call our Westchester County family lawyers today to schedule an appointment, and we can begin addressing your goals and concerns right away.
