How to Prepare your Alimony/Spousal Support Case with an Attorney
Alimony is a type of support that a court may order one spouse or former spouse to pay to the other spouse or former spouse. The purpose of alimony is to help the economically disadvantaged spouse maintain his or her standard of living after a divorce.
Alimony may be ordered for a set period, or it may be ordered as permanent support, which is extremely rare in the State of New York. The factors that a court will consider are statutory calculations which are based upon both of the spouse’s respective incomes. The length of the alimony award is based upon statutory guidelines, based upon the length of the parties’ marriage.
Some ways Garden City lawyers can help to maximize the amount of alimony you can receive include:
1. Make sure that you can prove that your spouse can pay alimony. This may include providing financial records or other documentation.
There are a few reasons why providing financial records or other documentation to prove your spouse can pay alimony may be important. First, if there is any disagreement about the amount of alimony that should be paid, this documentation can help to show what your spouse is capable of paying. Second, if you are asking for an increase in alimony payments, having financial records or other documentation to show your spouse’s current income and assets can help make your case. Finally, if you are ever faced with enforcement action against your spouse for failing to make alimony payments, having this documentation on hand can be very useful.
2. Showing that you need alimony and that your spouse’s income is significantly higher than your own.
Perhaps the most important factor in deciding if you are entitled to alimony is the difference in your incomes. If your spouse earns significantly more money than you do, the court will likely order them to pay alimony. This is because the court wants to ensure that both spouses can maintain a similar standard of living after the divorce. Additionally, if you have been out of the workforce for a significant period of time, or if you have young children, the court may also consider these factors when determining if you are entitled to alimony.
The burden of proving your spouse’s income can be significant if he or she is not a w-2 employee. Determining the income of a self- employed spouse with significant cash receipts can be costly and sometimes impossible if there are not accurate records maintained by the business. In those cases, a forensic accountant can be employed to perform a lifestyle analysis, which may better indicate the true source of income of said spouse.
In addition, where a spouse is intentionally not living up to his or her potential or abilities, income can be “imputed” to that spouse in order to better determine the appropriate level of alimony.
3. Family Lawyer Garden City NY can request a longer term of alimony payments, if possible.
There are several reasons why requesting a longer term of alimony payments may be important. For example, it can provide financial stability during a time of transition, help with the costs of raising children or allow a person to pursue education or training. Additionally, a longer term of alimony payments may be necessary to maintain the standard of living that was established during the marriage.
4. Agree to a lump sum payment instead of periodic payments, if this is an option.
When negotiating the terms of alimony, it is important to consider whether to agree to a lump-sum payment or periodic payments. There are advantages and disadvantages to each option, and the best choice depends on the individual circumstances of the divorcing couple.
5. Separation attorneys Garden City NY can negotiate terms that are favorable to you and that meet your unique needs and circumstances.
Fass & Greenberg practices Divorce Law Garden City NY and can help you with your alimony support case. Their team of Garden City divorce attorneys understands the unique circumstances of each case and can help you negotiate terms that are favorable to you and support your unique needs and circumstances.