Protect Your Assets with New York’s Expert Alimony Lawyers
It’s essential to have the representation of a qualified attorney during a divorce. Even if both spouses are on excellent terms, the presence of an experienced lawyer can help smooth complicated processes such as alimony determination.
At FK Law Group’s Forest Hills office, our experienced team of alimony lawyers will guide you through each step of the process. Whether you are potentially seeking or providing alimony payments, we can help.
What is Alimony Law?
Alimony laws help guide the equitable division of a couple’s assets during a divorce.
If one spouse earned more than the other during the course of their marriage, the higher-earning spouse might be required to pay spousal support in the form of alimony.
Alimony may be deemed necessary for a variety of reasons, including:
- Providing time for the lower-earning spouse to become self-supporting after a divorce, without sacrificing their current standard of living.
- Helping the lower-earning spouse undergo additional education or career training that improves their earning potential.
- Bestowing additional support onto the spouse who will remain the primary caretaker of minor children and may see their career options limited as a result.
Types of Alimony
Alimony, also called spousal maintenance, is not a one-size-fits-all procedure. The court will evaluate multiple factors during a divorce. There are typically four kinds of alimony that a court may award:
Permanent alimony involves regular financial payments that are to be continued for as long as both spouses are alive, or until the supported spouse marries another person.
Limited Duration Alimony
When alimony is set for a limited duration, support payments will end after a specified date. The court determines this length of time. The period is often based around how long it will take for the supported spouse to reasonably acquire gainful employment and become financially stable. The length of a couple’s marriage may also play a role in how long the alimony duration will be.
This form of alimony is also scheduled for a fixed period of time in which one spouse undergoes further education or career training. This training should improve the spouse’s earning potential. The alimony payments will continue while the supported spouse undergoes this training and stop when their newly acquired skills or education allow them to secure gainful employment.
If one spouse provided significant financial contributions to the other during the course of a marriage, such as paying for a college degree, they might be entitled to reimbursement alimony after divorce. The court will consider various factors regarding reimbursement alimony, including what kind of support a spouse provided and whether or not the supporting spouse reaped any benefits from their investment.
FK Law Group’s alimony lawyers can help you understand which kinds of spousal support may pertain to your divorce case in New York.
What is Considered When Calculating Alimony?
Courts consider many factors when considering the amount and duration of alimony payments. In New York, these factors may include:
- How long a couple was married
- The presence of any prenuptial agreements
- Each spouse’s age, health, and earning potential
- The custody and caretaking of any minor children
- Career sacrifices made by one spouse to support the other, care for family members or maintain the marital union
- The ability to equitably divide marital assets during divorce
- Each spouse’s assets and estate
- If one of the spouses wasted their joint estate or sold off valuable assets directly before divorce
Why Work with a Local Alimony Attorney in New York
Because courts may consider a wide range of factors, including those not listed above, when considering alimony, it’s important to work with a lawyer. FK Law Group is proud to have the best alimony attorneys in Queens. Schedule a consultation with our team to discuss your specific divorce case today.