A divorce doesn’t go easy on the affected spouses. Parting ways following years of emotional and financial investment can leave one deranged. Many spouses go the legal route to sort out their differences after divorce. Judges approach the alimony award process from a legal and rational angle. They don’t award alimony to specific spouses to punish the other. Alimony awarding capitalizes on meeting the fairest equitable and financial requirements.
The party requesting for the divorce should exhibit their financial need for maintenance. The court requires sufficient and equitable proof to award a fair financial amount to each party.
Courts usually look at the following three factors when awarding spousal maintenance.
The time two parties have stayed married determines the extent of their emotional and financial investment. The marriage period influences the financial infinity shared by the parties seeking a divorce. Courts usually categorize marriages in short-term (up to ten years), moderate-term (10-20), and long-term (over 20 years) to assess and award alimony.
Marriages in the short-term category lead to temporary or limited support. They focus on providing limited support to the lower-earning spouse to ensure a smooth financial transition. Long-term marriages lead to long-term and substantial alimony because of the time and effort invested in supporting the family.
Alimony awards depend on the marriage duration. However, the amounts are never equal for patients within the same category. Spouses seeking fair alimony awards should hire specialized Long Island spousal support lawyers. A qualified lawyer can push judges to follow the strict formula for awarding alimony per the New York legal guidelines. They will be your voice to ensure you get an amount equal to the time invested in the marriage and the financial risks the divorce will expose you to, pinpointing situations where the judge might adjust the awards to meet the exact needs of the party seeking alimony.
In many instances, experienced spousal support attorneys will highlight the advantages of negotiations and legal strategies. A lawyer can prevent the exploitation of the paying spouse in situations where the said party can work and earn. Contrariwise, a lawyer can help the spouse seeking support gather evidence to show their dire need for financial help, marriage sacrifices, and insufficient job prospects.
Financial compensation to divorced parties depends on living standards during the marriage. Courts seek to align living standards during marriage and after the divorce. Spouses accustomed to expensive lifestyles will receive higher alimony to maintain those standards. In many instances, the paying spouse usually loses significant amounts to the receiving spouse in such scenarios. The court aims at preventing a situation where a spouse will enter into a miserable lifestyle after a divorce.
Courts usually explore spending habits, housing arrangements, and household income to determine quality of life. Most judges dig into luxuries like expensive hobbies and vacations. In cases where a spouse forwent their career to care for the child, the court awards higher compensation to ensure they maintain their lifestyle post-divorce. Lawyers argue from the point of interest of their clients, ensuring none gets exploited.
Judges dig into the financial capacity of the paying spouse, investigating their income sources and annual income. Courts are reasonable enough not to burden the paying spouse with support payments beyond their earning capabilities. However, emotional judgments where a party has undergone marital abuse or mistreatment may lead to unfair alimony awards. In these scenarios, a spousal lawyer can pinpoint critical aspects of the lawsuits. They can argue on cases of temporary financial success to avoid overburdening the paying spouse. Also, they can unearth hidden income sources of the paying spouse to ensure fair alimony awards.
Equity in alimony awarding requires evaluating the earning capacity and financial stability. In determining financial stability, courts check debts, assets, and income. Some cases rarely lead to financial support, especially in cases where the spouse seeking compensation has higher financial stability and assets. In such scenarios, the spouse seeking support will pay the lower-earning spouse to help them maintain their lifestyle and attain financial stability. Courts intend to ensure financial equality for the spouses to sustain a reasonable standard of living.
How much a spouse can provide depends on their earning potential and assets. Spouses with multiple income sources and expensive assets usually pay the support. The paying spouse should pay for the lifestyle or learning of such a spouse. Courts usually deny alimony to capable, lower-earning spouses who chose not to work.
A support lawyer can provide expert testimony to show the need for support or financial limitations. They can gather the employment history and financial records of each spouse. In lawsuits involving spouses with substantial marital assets under debt obligations, the paying spouse will pay little to nothing until they sort out their debts and gain financial freedom.
Equity and fairness are the two most critical aspects of every spousal support case. Courts endeavor to be fair to both parties, ensuring the paying spouse pays what they can afford. Also, the receiving spouse gets enough to support their post-divorce lifestyle. Judges usually explore the financial capacity of each spouse and the time they have stayed in the marriage. They also check the standard of living before the divorce.
Spouses with higher earning capacities usually pay for the support. In cases where a spouse overlooks their career for the family, they will usually receive an award to cover the emotional and physical investment.
