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Any time that you are looking to get the most out of a divorce case, you’ll need to understand the points that will make it happen smoothly. When you and your spouse are going through the divorce process, hurt feelings can become problematic and make it difficult to go through divorce proceedings properly. If you are a divorcee that not only wants help for your filing, but to also seek things like alimony, you’ll need to look at the big picture when going through the necessary guidelines.
Think of these tips below so that you get help with any sort of divorce case.
#1: Know what New York divorce law states
According to New York divorce law, you are able to file an uncontested no-fault divorce petition or a fault divorce petition. In terms of fault divorce, some reasons for dissolution of marriage include adultery, cruel treatment and imprisonment. The type of divorce filing that you get will also inform the rest of the steps that you must take.
When you are filing a no-fault divorce, all you need to claim is that the two of you have differences that are irretrievable. From here, you will need to file separate petitions related to things like child custody and alimony. You may need to hire a lawyer sooner than you think, because even when filing for alimony or custody, there may be a claim over which spouse is responsible for handling the legal filing fees.
#2: File for alimony if necessary
Alimony is something that is common in divorce cases, because it provides spousal support either long-term or short-term. Alimony is paid out in order to grant the other divorcee the lifestyle that they had while married. This can be done on a long-term basis for in the short term just to give the other spouse enough time to make income of their own. Because a lot of this will come down to the discretion of the judge, hiring a seasoned law firm is necessary.
Whether you are the person filing for alimony or if you feel like your spouse is asking for alimony unnecessarily or in an unreasonable amount, you too will need a professional law firm to assist you.
How Exatly Does Alimony Work?
The general rule regarding alimony or spousal maintenance is that the spouse who earns more is ordered to send their ex a payment each month to help with their living expenses. Alimony typically only gets ordered by a court when one spouse earns substantially more than the other one does. A good example of this is in a home where the husband works and supports the family and the wife was a homemaker, caring for the household and the kids throughout their entire marriage without ever working outside the home for a paycheck. She would not able to earn an income as much as her husband did to support the kind of lifestyle she and/or the kids are accustomed to living. This means that the husband might be ordered by the family court to pay alimony.
Do All Divorce Cases Have Alimony or Spousal Support?
The issuance of an alimony order (more commonly referred to in modern times as spousal support or spousal maintenance) is by no stretch of the imagination obligatory in a Yonkers divorce. The judge in family court will take a number of factors under consideration in determining whether, to what extent, and for what length of timespousal support would be appropriate. Some of the factors the include:
- The length of time of the marriage
- The age and health of both of the spouses
- Whether there are children of the marriage living in the respective homes of the parties
- The need to take care of exceptional additional living expenses for the child/children, including but not limited to schooling, daycare and medical treatment
- The ability of the party who is petitioning for alimony to become self-supporting and, if applicable, the period of time and training needed to get them on their own feet
- The equitable distribution of marital assets and liabilities
How is Alimony Calculated?
The biggest questions about alimony are how it’s calculated and how it is determined if a spouse is ordered to pay his or her ex. For the most part, if a couple has only been married a few years and they both earn around the same amount of money working in their jobs, there is very little chance either of them will be ordered to pay any alimony. If, on the other hand, it was is a long marriage and a big discrepancy in income, there are grounds for an alimony order to be issued.
As mentioned before, judges generally consider numerous factors when making the choice to calculate a fair alimony payment, but the most common factor is the present lifestyle both parties lead. A judge looks at what both spouses could earn and currently do earn in a reasonable capacity, how much it costs to live the way they do, and how well both can go on living a life similar to the one they currently live. The amount of the alimony payment is then determined based on that. Each case is unique. No two people are ordered to pay the same amounts for the same time.
Various Kinds of Alimony
In Yonkers, two types of alimony maintenance can be ordered. They are referred to as Pendente Lite Maintenance and Durational Maintenance.
Pendente Lite Maintenance: So named Pendente Lite Maintenance is ordered for payment during the pendency of the divorce case up until a judgment of divorce is issued. It is also called Temporary Maintenance.
Permanent Maintenance: Permanent Maintenance is a type of durational maintenance in which the term, or duration, is not always a fixed period of time. Instead, the maintenance is terminated upon the occurrence of some predetermined event. Termination events might include the remarriage of the recipient spouse or the death of the spouse who pays.
Rehabilitative Maintenance: This is temporary alimony maintenance that is ordered to offer the non-monied spouse financial support while he or she prepares to get back into the workforce.
Restitutional Maintenance: Restitutional maintenance is temporary support that is intended to recompense one spouse for having supported the other during marriage while he or she was working on educating themselves or completing job training.
#3: Go through mediation whenever possible
Make sure that you bring in attorneys who can assist you with mediation as well. Professional mediation gives you the chance to negotiate alimony amounts outside of court instead of wasting precious time and money handling everything at trial hearings. Even if alimony is not on the table, be sure that you take part in mediation sessions that will help you come to agreements for every other matter related to your divorce so that you are protecting your rights while remaining amicable.
These three tips alone will be helpful to you if you are a person in the state of New York who is looking to end a marriage. Hiring a divorce lawyer like Todd Spodek can be a great way to get started with this and also moved toward the desired result. His law firm is skilled at every measure of divorce law — from a typical filing to prenuptial plans or child-support hearings.
In following these guidelines, you will be protective of your rights and able to get the divorce and alimony payment that you need.