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Factors That Determine Alimony in New York Divorce Cases

Date : 6/15/2016  
Name :  Boris Dzhingarov 
State :  All States 
URL :   
Category :  Divorce Law 
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Factors That Determine Alimony in New York Divorce Cases

Whether you spent five years or 50 years married to your spouse, when it comes time to file for divorce, you may have the legal right to request alimony. Alimony is a type of spousal support that provides you with a certain amount of money that you can use to pay for your rent or mortgage, utility bills and other expenses. This money is separate from any support you get for the children you had together. Judges in New York typically look at several factors to determine if you need alimony and the amount you should get.

Length of Marriage

Many people assume that judges look at the lifestyle a couple shared when deciding on the amount of spousal support needed. Rather than look at lifestyle factors, most judges look at how long the marriage lasted and how long the couple was together. A couple who exchanged vows less than 12 months before filing for divorce are less likely to have a support order issued than a couple who were married more than five years or a decade. The longer you remained married, the more help you might need.

Age of Partners

The age of you and your partner can also determine how much you receive in terms of spousal support. If you are younger, the judge may decide that you are still young enough to change your life and that you do not need as much financial support as someone of an advanced age does. The judge may decide that you should only receive support from your former partner for around one year or a period of five years. Someone of an advanced age may receive a longer support order.

Income Levels

Another factor that dictates alimony order is income level. This refers to both the amount you make and the amount your spouse makes every year. If there is a large disparity between the two, the odds are better that the judge will issue a larger order. You may work part time while your kids are in school and spend more time as a stay at home parent while your spouse works full time and makes twice as much as you or even more. If the two of you make a similar annual salary, the judge may issue a smaller support order or decide that you do not need any support.

Overall Health

When you hire a firm like Tully Rinckey PLLC to handle your divorce, you'll find that your health plays a key role in the amount you might get from your spouse. In most New York cases, the judge will issue a temporary order that lasts for a shorter period of time. State law allows judges to issue permanent orders when one partner is in poor health or has certain disabilities. Those medical conditions may keep you from working full time or limit you from leaving the house. This will often result in the judge issuing a permanent order that requires your spouse pay support for the rest of your life. Click here to find out about other issues you should know when divorcing in New York.

A spousal support order provides you with financial support until you can get back on your feet again. Factors like your age, health and income determine how much you might get.

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