-Separating couples have to address numerous issues during their legal separation. Spousal support or Alimony is one of them and can’t be overlooked, especially if the other spouse is dependent. However, the decision can be made either on an agreement between the couple or the court.
Spousal support is not a part of the child support. It is different from the money for child support that can be used to meet the expenses of dependent children. When a legal separation in New York is being created, a decision about giving Alimony or not is also taken.
1-Understanding Alimony
It refers to the money that one spouse pays to the other during separation. In New York, it is also termed as spousal maintenance. The reason to pay Alimony is to negate the effects of separation by ensuring a continuing income to the non-earning or lower-earning spouse.
Alimony is needed by the ex-spouse who had chosen to forego a job to support the family. She needs to develop skills to find a suitable job and would require the support.
Separation changes the income and affects the standard of living. Spousal maintenance provides a cushion to maintain the same standard of living that the couple had during the marriage.
Any of the spouses can be granted Alimony depending upon their circumstances. But their percentage of men getting Alimony is negligible.
2-Determination of Alimony Amount
In most states, child support is mandatory and is guided by specific guidelines. But when it comes to spousal maintenance, the courts decide whether to give it or not. Further, how much spousal support is required and for how long.
Age, physical health, emotional state, and the financial condition of the former spouses are taken into consideration.
For how long the recipient would need spousal maintenance. It depends on the duration of education or training to become self-sufficient.
Alimony is given to maintain the standard of living as well. The amount is based on the standard of living of couples during the marriage.
Length of marriage and the ability of the spouse paying the support is paid attention to. The income should be enough to bear personal expenses and alimony support.
3-Duration For Which It Is Paid
Alimony is meant to give the recipient spouse time and financial support to become self-dependent. It comes with a duration that is long enough for the payee spouse to become financially capable of meeting his or her living expenses.
Judges in New York take into account various factors while deciding the duration. Length of marriage is considered as the most crucial factor in determining the duration of Alimony.
Marriage is meant to last for life or a long time. If a spouse is old, ill, or can’t support themselves, permanent spousal maintenance may be provided.
But the Alimony would come to an end if one of the spouses dies. Remarriage also brings an end to Alimony, and the recipient spouse begins to live partners who they consider as their spouse.
4-Existing Trends
Earlier, mostly, Alimony was paid to former wives by their earning husbands. But the culture has changed. Women are also wage earners and have become less dependent, but spousal support is still being paid. But the tradition of men paying the spousal maintenance and spouse being dependent on it is being eroded. Now the orders granting payments from ex-wife to ex-husband are on the rise.
Forms. Legal Help You Create Separation Agreement for Free
Sign up now and get a trial subscription free for a week. During this period, you create and edit the legal separation in New York without incurring any cost!