If you are getting a divorce, one of the main questions on your mind may be whether you will receive or have to pay alimony. The only way to know for sure is to hire a divorce lawyer who can help you work out the details to get the best deal for you. However, it is good to find out the possible issues you may need to resolve before settling the matter.
Length of Marriage and Alimony
If you are not sure whether alimony will come into play during your divorce, know that longer marriages usually involve this kind of spousal support, though some shorter marriages also warrant alimony. Your divorce lawyer should be able to let you know how likely it is that alimony will be involved in your case.
Once it is decided that you will pay or receive spousal support, you may wonder how long it will continue. This varies from one case to another since it depends on the circumstances. Alimony is usually only paid until the recipient remarries or is cohabiting with a new partner. However, if the recipient never remarries, alimony usually has to be paid for the lifetime of the paying spouse.
Amount of Alimony
The amount of alimony depends on many factors. In most cases, the income of both spouses will be taken into consideration. If one spouse is making a lot more money than the other, he or she will likely have to pay alimony so that the two incomes are nearly equal. The bills of each person will usually also be considered, in addition to other factors of the case.
Other Details That Factor In
If you are unsure if you will receive or need to pay alimony, realize that some couples are more likely to have to include spousal support than others. For example, if you have children, which required one spouse to stay home and care for them instead of going to school or working, the other spouse will likely need to pay both alimony and child support. Similarly, if one spouse cannot work much or at all due to a physical or mental health problem, the other spouse will probably have to pay alimony.
In general, alimony is usually determined after figuring out the earning capacity of each spouse. If one person is likely to make much more money than the other, alimony will probably be considered. This is especially the case if the marriage kept one spouse from making more money, perhaps due to frequent moves for the other spouse's job, or other circumstances that caused a hardship.
Whether you are worried about having to pay alimony, or hope to get it from your former spouse, you will likely need the help of a lawyer to get the results you desire. Otherwise, you might end up with less money than you can comfortably live on.
Brian D. Perskin & Associates PC is a full service matrimonial law firm that handles family law and divorce cases. When you need help with equitable distribution, which includes pensions, real estate, business evaluations, enhanced earnings, child custody, maintenance, alimony/child support, prenuptial agreements, domestic violence, and other serious legal matters, we can get results. Contact us at http://www.newyorkdivorceattorney.com/ so you can benefit from our team of family law professionals.
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