Eligibility for alimony, known as spousal maintenance in New York, is based on a variety of factors as well as the discretion of the judge.
The biggest consideration in any maintenance petition is that an eligible spouse will be the “non-monied” spouse, that is, they will earn less and have fewer assets, both marital and separate, than the monied spouse.
Once that’s established, the court will consider factors like the length of the marriage, the relative earnings of the parties, whether there are children receiving child support, and a variety of factors having to do with the non-monied spouse’s ability to be financially self-supporting.
In general, a spousal maintenance award will be durational and end after a given period of time, though there are cases where permanent awards are deemed appropriate.
Your lawyer’s job is to make the best case for the most substantial award of spousal maintenance.
Call the attorneys at Zelenitz, Shapiro & D’Agostino today at 718-523-1111 for a free consultation with an experienced Queens divorce lawyer.