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What factors determine alimony eligibility in NY?

If you are making the decision to divorce or your spouse has filed for divorce, you must address your changing financial circumstances. Here at Cobert Haber & Haber Attorneys at Law, we often meet with New Yorkers whose spouses make significantly more money than they do. We understand the impact that losing a source of income can have on your life, and that you may need some financial help for a while.

One of the factors that the court will look at in your divorce case is the amount of money that you and your spouse each make. For example, if you work a part-time job so that you can be home when your children are, and the job does not require any special training, then the court may decide that you need some financial assistance from your ex-spouse to help you gain more education or to give you time to find a full-time job that pays more.

Your standard of living will also play a role in whether you are ordered spousal support. You and your spouse live in a large home, you enjoy a country club membership, you drive nice cars and you wear designer clothing. That standard of living will be considered by the court and if your new financial condition will prevent you from enjoying that lifestyle while your spouse will experience no change, then the court is more apt to award you a form of support.

A health condition that prevents you from working is also a factor considered in the decision to award you spousal support. For more information, pertaining to spouses and financial support, please visit our web page.

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