New York Temporary Alimony Lawyer
When a couple is married, little thought is given to what might happen in the event of a divorce. However, when a divorce occurs, there are suddenly many issues that come to the forefront, especially ones concerning finances. Because of this, it’s often difficult for couples to remain calm and objective throughout the divorce proceedings, which can lead to poor results for one or even both spouses. This is very common when it comes to decisions regarding alimony, since the court will have much discretion when deciding how much one spouse will pay another. Whether you are the lower-income spouse looking to receive as much alimony as possible or a higher-income spouse hoping to limit what you pay, using a New York temporary alimony lawyer can make a tremendous difference.
When divorce proceedings are in their early stages, a judge will usually order temporary alimony to be in place for a certain period of time. However, since it is considered temporary, this alimony is terminated by the court when the supported spouse remarries or is deemed to have achieved an adequate level of financial self-sufficiency. To determine how much alimony a spouse should receive during this time, the court will look at a number of factors.
Length of Marriage
Generally, a person who has been married for a significant length of time will be able to obtain a larger amount of temporary alimony as will a spouse who was married for only a short period of time. In addition to the length of the marriage, the court will also examine the standard of living the couple enjoyed during the marriage, and will usually try to award an amount of alimony that will help maintain that standard of living.
Spousal Earning Potential
Along with the length of marriage and the standard of living that was maintained during the marriage, the court will also take a long look at the earning potential of each spouse. An important part of the alimony process, the amount of alimony awarded may be based on the future earning potential of one spouse. For example, a spouse who is set to graduate from medical school and begin a residency may be ordered to pay their spouse alimony based on what they will earn as a resident, rather than their current income.
Receiving Spouse Contributions
If a spouse slated to receive temporary alimony made financial contributions to the higher-income spouse during the marriage, the court will often attempt to factor that into deciding how much alimony they will receive. This is often done if one spouse helped another pay for their education or helped with household expenses such as child care, which can greatly impact the alimony to be paid.
A Couple’s Children
If a couple had children during their marriage, the court will consider that as well when deciding on the amount of temporary alimony to be paid. Issues that factor into this include how many children reside in the home, their ages, and their health.
Use an Experienced Lawyer
If you find yourself involved in divorce proceedings, hire the services of a knowledgeable and experienced New York temporary alimony lawyer. To request a free consultation with our office, call us at 888-247-9981 or visit our website at www.nyccriminalattorneys.com to fill out our online form.