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Last Updated on: 11th October 2023, 05:42 pm
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.
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:
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.
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.
Figuring out the amount of alimony is complicated. The court looks at tons of factors, including:
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.
As mentioned earlier, the duration of alimony depends on the type awarded:
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.
There are a few ways alimony might be avoided:
An experienced Brooklyn alimony lawyer can advise if any of these apply in your case. The law is complex, so get professional advice.
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:
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.
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.
Don’t let an ex get away with not paying alimony they rightfully owe you. Talk to an enforcement attorney about the best options.
One last thing to know – alimony payments have tax implications:
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.
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:
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.
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