Alimony, or maintenance, laws are quite complicated and difficult to understand, given that two different laws apply-one law to divorces commenced before January 25, 2016, and another to divorces commenced post this date. This is because a bill passed in New York changes the landscape of maintenance, removing some factors the court should not consider and including others that it should.
New York State couples who are divorcing will have a litany of issues that must be settled, not the least of which is alimony. Alternatively referred to as spousal support, this is a difficult matter in many instances as there can be disagreements as to whether a spouse pays, how much will be paid and other factors. While it is not customary for a former spouse to have to pay a massive percentage of their assets to the other spouse, there are still concerns that must be addressed when a couple gets a divorce and the amount paid and received is determined.
Married individuals throughout the Mohawk Valley can own property jointly with their spouses or separately as separate property. How property is classified during a divorce can influence which party receives the property or determine whether the asset must be divided and split. When one party to a divorce possesses more wealth or assets or has a higher earning capacity than the other, then a court may award the less wealthy party alimony to help ease their post-divorce financial burden.
When entering marriages, some individuals vow to their partners that they will stay together until 'death do us part.' This traditional vow has been used by many New York couples, including some who have chosen to end their marriages through divorce. However, even divorce and death can be insufficient to end some obligations that are created between formerly married people.
Not every Oneida County divorce will result in an award of spousal support. Some individual cases may be more likely to result in the award of alimony from one former partner to the other than other cases, but these determinations are made on a case-by-case basis. Readers who are facing dissolution and who would like to understand if their case may result in alimony awards are encouraged to speak to their family law attorneys.
Finances are a huge factor following a divorce. Alimony, also known as spousal support or spousal maintenance, is the payment of money from one former partner to the other. It is intended to make fair any economic disadvantages one partner may experience as a result of going through a divorce as it is not uncommon for one partner in a marriage to forego gainful employment for the sake of becoming the primary caretaker of the family. There are a variety of factors that a New York court can look at when deciding if one spouse should receive alimony from the other.
A divorce can be emotionally devastating for an Oneida County couple. Any failure is hard to handle, but the breakdown of a relationship that was intended to last a lifetime can be particularly overwhelming. Though a divorce may be a necessary step for two people to find greater happiness, it can force them to make difficult decisions as they bring their marriage to an end.
Unlike in generations past, women today make up a large portion of the American workforce. All throughout New York both mothers and fathers hold down jobs outside of the home for which they earn incomes. In some families, parents swap the traditional roles of mother as caregiver and father as breadwinner in lieu of the mother working for an income and the father staying home with the children.
During the course of a New York divorce, the parties to the proceedings generally must settle a host of very important matters. They have to divide the property that they accrued during their time as a married couple and they must determine how they will split their time with their kids. With the help or direction of the court, they may also handle financial matters, such as the establishment of child support and alimony.
Spousal support, also referred to as alimony, is intended to help the recipient spouse achieve financial independence following a divorce. In general, spousal support ends if either party dies; the recipient remarries; at a date determined by the parties in their divorce agreement; or at a date determined by the court if spousal support was determined by the court.