Alimony, also known as spousal support or spousal maintenance, is an order by a court, as part of a divorce proceeding, that one party pay the other party a regular or periodic sum of money after the divorce is final, so that the recipient can maintain a specific standard of living. The grant of alimony is always at the discretion of the court. An award of alimony may be for a specific period time, it may be permanent, or it may be “rehabilitative”—designed to provide support until the recipient is able to be self-sufficient.
The Factors That Go Into an Alimony Consideration
The criteria for determining the need for alimony vary significantly from state to state, but most states include the following factors
- The length of the marriage
- The age and health of the parties
- The earning capacity of both parties
- All sources of income for both parties
- The contribution by one spouse to the education, training or increased earning power of the other party
- The standard of living the parties enjoyed during the marriage
- The ability of the payor to pay as compared to the need of the recipient
Some, but not all, states also look at whether there was marital misconduct by either party.
Pre-Nuptial Agreements in New York: Doing Them Correctly!
There can be a variety of reasons for individuals entering into a pre-nuptial agreement. However unless a pre-nuptial agreement.... Read More
What to Do if CPS Contacts You
Written By: Attorney Elliot S. Schlissel To start with ask the investigator why they are investigating you. The investigators job.... Read More
Statement of Clients Rights and Responsibilities
The New York State Bar Association has promulgated documents called the Statements of Client’s Rights and Responsibilities. It gives clients.... Read More