Experienced Rochester Divorce Attorney Explains Spousal Support in New York
Whenever you’re going through a divorce, life can become complicated. This can be due to the time and money you’re spending on the divorce process, as well as all of the emotional troubles that come from it. There is a lot to know about divorce when you’re going through it, as knowledge is power. If you’re familiar with the aspects of divorce, you’re more likely to have a smooth and successful one. One key part of divorce is spousal support, otherwise known as alimony. Alimony is essential to determine in a divorce hearing, as it’s a separate court decision and decided on a case-by-case basis. For more information on spousal support, read the guidelines below or schedule a confidential consultation with Rochester divorce attorney Michelle Cimino and let her experience work for you.
What is Spousal Support?
Spousal support, otherwise known as Alimony, is a court-ordered financial provision for a spouse after divorce. This is a legal obligation that requires a spouse pay a monetary value to the other. Alimony’s purpose is to limit any unfair economic effects that divorce can cause for the lower-earning or wage-less spouse.
For example, if an ex-spouse has foregone a formal job or career in order to support the family and needs some time to establish skills and find a job to support themselves, alimony may be rewarded. Alternatively, spousal support is used to allow the ex-spouse to remain living at the same standard as they were when they were married.
It’s important to recognize that alimony is different from child support, as child support can only be used to support the child, while alimony supports the ex-spouse.
How is Alimony Determined?
Alimony is unlike child support in the sense that there are no mandated requirements for the allotment in most states. This means that spousal support is determined on a case-by-case basis based upon specific characteristics. These factors are set by the Uniform Marriage and Divorce Act.
It states that when deciding upon alimony settlements, the age, physical condition, emotional and mental state, and financial coordination should be considered.
This refers to if you’re less fit or inclined than your spouse. In addition to this, the length of marriage, length of time needed to become self-sufficient, and standards of living should all be considered.
Lastly, the ability of the paying spouse to support themselves and the recipient should be accounted for. The courts will determine whether or not one qualifies for alimony based on the above factors, and alimony is not guaranteed.
What is the length of Spousal Support?
If you or your ex-spouse is deemed required to pay alimony to the other, there’s a clear reason for that. Spousal support is awarded upon case-by-case standards and if your case proves that alimony would be beneficial or not.
Ultimately, spousal support is considered rehabilitative. That means you or your ex-spouse will not receive alimony payments for no particular reason; rather, they will be less financially sound than they were in the marriage.
Alimony allows the ex-spouse to receive training and become more self-supportive than they were throughout the marriage. Essentially, the payments must continue until the courts deem unnecessary. If there was no date set on the divorce decree, one must continue to pay alimony until the court orders otherwise, or until the ex-spouse remarries.
Contact Rochester Family Lawyer Michelle Cimino Today
If you’re going through a divorce and believe you may qualify or benefit from alimony, you may want to hire a family lawyer. The Cimino Law Firm is a Rochester-based law firm.
Attorney Michelle Cimino has practiced for over 20 years and is sure to provide you the most assistance possible. If you’ve determined that you want to proceed and find a top attorney in New York, contact The Cimino Law Firm for a complimentary consultation. Instead of giving up your quality of life through a divorce, file for an alimony today.
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