Last Updated on: 11th October 2023, 05:42 pm

Brooklyn Alimony Law and Attorneys

Divorce can be really tough, ya know? It’s like your whole world is turned upside down. One minute you’re married, and the next minute you’re figuring out how to separate your lives. It’s not just emotional either – it’s financial too. Alimony, also called spousal support or spousal maintenance, is money paid by one ex-spouse to the other after a divorce. This article will give you the lowdown on alimony in Brooklyn so you can make the best decisions for your situation.

Who Gets Alimony in Brooklyn?

The first thing to know is that alimony isn’t automatic in a divorce. The spouse asking for alimony has to show that they need financial support from their ex. Things the court looks at are:

• Length of the marriage – Alimony is more common in long-term marriages, like 10+ years. Shorter marriages usually don’t get alimony.
• Income of both spouses – If one spouse gave up their career for the marriage, they may have a much lower earning potential now. The higher earner may have to pay alimony.
• Age and health – If someone is close to retirement age, they may have a hard time re-entering the workforce. Alimony can help bridge the gap.
• Parenting obligations – Being the primary caregiver to kids can reduce someone’s earning ability. The other parent may pay alimony.
• Standard of living – The aim is for both spouses to maintain a similar lifestyle after divorce. Alimony helps make that happen.

So in a nutshell, the spouse with lower income/earning potential might get alimony from the higher earner. It’s not based on gender – either husband or wife could get alimony in Brooklyn these days.

Types of Alimony in Brooklyn

If alimony is awarded, there are different types the court could order:

Temporary Alimony – Paid while the divorce is being finalized. Helps cover living expenses during the transition.

Rehabilitative Alimony – Paid for a set time while one spouse gets education or training to re-enter the workforce.

Permanent Alimony – Paid indefinitely until one spouse dies or the recipient remarries. Used in long marriages where re-training isn’t practical.

Durational Alimony – Paid for a set duration after the divorce is finalized. May have a gradual reduction schedule.The type and duration depends on the facts of each case. A Brooklyn alimony lawyer can explain how it works in your situation.

How is the Alimony Amount Decided?

Figuring out the amount of alimony is complicated. The court looks at tons of factors, including:

• The paying spouse’s income and future earning potential
• The receiving spouse’s income and potential to become self-supporting
• Current and future earning capacities of both spouses
• Standard of living established during the marriage
• Length of the marriage
• Age and health of both parties
• Child custody arrangements and child support

The alimony amount aims to let both spouses have a comparable standard of living after the divorce. There are calculators and formulas to estimate potential alimony payments in Brooklyn.An experienced Brooklyn alimony attorney can forecast the likely amount you would have to pay or receive. It’s not an exact science, but they’ve seen enough cases to make realistic estimates.

How Long Does Alimony Last in Brooklyn?

As mentioned earlier, the duration of alimony depends on the type awarded:

• Temporary – A few months during the divorce process
• Rehabilitative – Enough time for schooling or job training, like 1-3 years
• Permanent – Until the recipient dies or remarries
• Durational – Fixed period like 5-10 years, modifiable if circumstances change substantially

Even permanent alimony can end if the recipient remarries or if the paying spouse retires, loses their job, or becomes disabled. The court can modify alimony if needed, for example if someone’s income changes drastically.

Can You Avoid Paying Alimony in Brooklyn?

There are a few ways alimony might be avoided:

• Postnuptial agreement – Spouses sign a contract that waives alimony if they later divorce. Needs to be signed voluntarily and knowingly.
• Short marriage – Alimony awards are less likely in marriages under 10 years. The exception is a spouse gave up significant career opportunities for the marriage.
• Comparable incomes – If both spouses earn similar salaries, neither is likely to get alimony.
• At-fault divorce – If one spouse’s misconduct caused the divorce, they may lose their alimony eligibility.
• Remarriage of recipient – Alimony generally ends if the recipient remarries. Some exceptions apply.

An experienced Brooklyn alimony lawyer can advise if any of these apply in your case. The law is complex, so get professional advice.

Modifying Alimony Orders in Brooklyn

Let’s say you get an alimony order as part of your divorce settlement. What happens if circumstances change later on?In New York, alimony orders can be modified if there’s a “substantial change in circumstances.” For example:

• Paying spouse retires, loses job, or takes a lower-paying job
• Receiving spouse completes education and starts earning more
• Paying spouse has medical problems that reduce income
• Receiving spouse cohabits with a new partner (might reduce alimony)
• Substantial increase or decrease in either spouse’s cost of living

To request a modification, you file a motion with the court and show evidence for the changed circumstances. The goal is to adjust the order to reflect the new reality.An alimony lawyer can help craft a strong legal argument for modifying the amount up or down. It’s not a simple process, so legal expertise really helps.

Enforcing Alimony Orders in Brooklyn

What if your ex stops paying the alimony you were awarded? Or they pay less than they’re supposed to? You have legal options to enforce the order.

• Contempt of court – The court can potentially fine or jail your ex for willfully disobeying the order.
• Wage garnishment – The court can order your ex’s employer to deduct alimony from their paycheck.
• Liens on property – The court can put a lien on your ex’s home, car, or bank accounts to secure payment.
• Suspension of licenses – Professional, driver’s, and recreational licenses can be suspended for non-payment.
• Lawsuits – You can sue your ex for breach of contract and recover what you’re owed.

Don’t let an ex get away with not paying alimony they rightfully owe you. Talk to an enforcement attorney about the best options.

Tax Consequences of Alimony

One last thing to know – alimony payments have tax implications:

• For the paying spouse, alimony is deductible from their taxable income.
• For the recipient, alimony is considered taxable income.

So the paying spouse gets a tax break, while the recipient has to pay income tax on the alimony money. Be sure to consider the tax impact when negotiating an alimony settlement.

Choosing the Right Brooklyn Alimony Lawyer

As you can see, alimony in Brooklyn involves a web of complex laws and calculations. Having an experienced attorney in your corner is crucial. When choosing a lawyer, look for these traits:

• Specializes in family law and alimony cases
• Has a proven track record of success
• Will take time to understand your needs and goals
• Communicates clearly and keeps you informed
• You feel comfortable and can trust them
• Is assertive yet reasonable when negotiating
• Charges fair legal fees (many do payment plans)

Take your time picking the right attorney. Read reviews and talk to a few before deciding. This person will have a huge impact on your finances after divorce.

Key Takeaways

• Alimony provides financial support from one spouse to the other after divorce
• It’s based on need and the ability to be self-supporting
• Several types of alimony exist, from temporary to permanent
• The amount is decided based on many factors
• Orders can be modified if circumstances substantially change
• Not paying alimony can be enforced through various legal actions
• Tax implications must be considered for both spouses