New York Permanent Alimony Lawyer
When couples get divorced, they have to divide property as well as answer questions about alimony. In New York, the legal term for alimony is maintenance. The purpose of alimony is to make sure that neither spouse is left destitute after the divorce. It’s also to help soften the financial blow if one of the parties has a sudden change in lifestyle because of the divorce.
During a divorce, the court needs to answer the question of whether to award alimony to either spouse. If they’re going to award alimony, they need to determine how much to award. Finally, they need to determine a duration.
Some alimony awards are limited and rehabilitative. They’re designed to give the lower-earning spouse time to make plans, adjust to their new lifestyle or study to enter a new profession. In other cases, alimony is permanent. If alimony is permanent, it’s designed to make sure that the lower-earning spouse doesn’t become destitute or dependent on state aid.
There are a few factors that make permanent alimony a consideration in a divorce. The first factor is a long-term marriage. The court isn’t likely to award permanent alimony after a marriage of only a few years. When a marriage is 20 or 30 years long, permanent alimony may become more likely.
The next factor is the lower-earning spouse’s ability to enter the workforce. If they have disabilities or other challenges and they can’t work, the court is more likely to consider permanent alimony. When a spouse is relatively young and still has working years in their future, long-term alimony isn’t going to be the likely outcome of the case.
There are other factors that include whether there are dependent children that require care. The court considers loss of health insurance to the non-working spouse and even tax consequences that might result from the court’s decision. The court looks at all of the relevant factors in order to determine whether to award permanent alimony.
If you think you may qualify for permanent alimony, our team of experienced New York permanent alimony lawyers can help you build your case. It’s important to gather the evidence of your situation in order to make your case to the court. If you have physical disabilities, it’s important to document them so that the court can understand your limitations. You’ll need to tell the court why you need permanent assistance and how the other side is able to provide it.
When you go to court, it’s important to be thoroughly prepared. When our legal team works with a client, we start long before court day. We help you evaluate your entire situation and understand what New York law says about what you might receive in your divorce. Then, we set to work preparing your case.
Whether you want to ask for permanent alimony or the other side has made a request for permanent alimony, we want to help you present the evidence to the court that helps them make the right decision. Presenting the evidence means thoroughly documenting your situation, the other side’s situation and then addressing the factors that the court uses to decide whether to award permanent alimony. If you’re facing a divorce or you have questions about how permanent alimony might impact you, please contact our team. We’re ready to help you advocate for your best interests in New York family court.