Receiving or having to pay spousal support can make a big difference to your post-divorce finances. Learning more about the factors New York courts use when deciding on spousal support eligibility is crucial.
Here are three of them to start with:
1. Your ages and health
If serious health issues prevent you from working full-time, or you are long past retirement age when you divorce, the court will likely consider you more in need of spousal support than if you are young and fit. The reason is that someone young and fit has the ability to go out there and find work that produces enough income to live independently on. Someone much older or in poor health may be less able to do so, so they may need financial assistance.
2. The need to spend time and money on training
If your spouse has not worked for a long time, they may struggle to find suitable work. Even if they had a great career in their younger days, employers may feel their skills are out of date. If a court believes they will need to spend time and money retraining in order to enter the workplace at a sufficient level of income, they may order spousal support to help with this.
3. The standard of living previously established
During the marriage, both spouses may have enjoyed a certain standard of living that the court may consider as it decides what support the lower-earning or dependent spouse should receive. In general, the court will try to equal things out so that the dependent spouse is not left impoverished and dealing with an unjust financial situation while the other spouse is living in luxury.
Experienced legal guidance can help you learn more about how all this will apply to your divorce.