What Determines Alimony? Why Do I Need a Lawyer?

Oct 04, 2019

In some divorce cases, a judge may order a former spouse to pay alimony, or spousal support, to the other spouse. Alimony is not ordered in every case and there are legal standards that are considered to determine if alimony will be required. The New York City family lawyers at Levitsky Law Firm can help you with a claim for alimony.

What determines alimony?

Alimony may be ordered if a spouse lacks sufficient assets to provide for their reasonable needs. In making this determination, a court will consider several factors. These include:

  • The duration of the marriage
  • Age of the spouse
  • The health and other needs of the spouse
  • The standard of living enjoyed during the marriage
  • The skills and earning capacity of the spouse
  • Tax consequences associated with alimony
  • The ability of the obligated spouse to pay
  • The assets awarded to a spouse in the divorce
  • Whether a spouse helped support the other in their career
  • Fault of the parties in the marriage

After considering these and other relevant factors, the court may order alimony. The amount of alimony and length of time depends on how much is needed for the spouse to be able to provide for their needs. This can vary from case-to-case as different factors and circumstances may be present. A family law firm in New York City can help determine if you qualify for alimony and how much to expect.

Do you need a lawyer?

Because alimony cases can be complex and involve various legal considerations, working with an experienced attorney can be beneficial. New York City family lawyers can advocate on your behalf to help pursue a fair alimony arrangement based on your circumstances. At Levitsky Law Firm, our family law attorneys can provide the guidance and representation you need throughout the process. Contact us to learn how we can assist with your case.