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Affidavit of Defendant Spouse in Support of Motion to Amend or Strike...

Spouse Alimony Provisions For Divorce In Queens

Category:

Family Law - Divorce - Affidavits

State:

Multi-State

County:

Queens

Control #:

US-00003BG-I

Format:

Instant download

Description

This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of cohabitation by dependent spouse. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

In most cases, if a spouse can work and their former spouse cannot afford to provide spousal support, the court can deny alimony. It is pertinent to note that New York is a no-fault divorce state, meaning both parties could cite fault grounds, however, it will not affect whether a spouse is granted spousal maintenance.

New York Spousal support rules do take into account spouses who are not in the workforce full-time at the time of the divorce. Typically, they are not expected to get a job right away but neither can they refuse to work full-time and simply receive spousal support for years.

In New York, if a marriage lasts a long time and a spouse is old, ill or unable to support themselves, permanent alimony may be awarded.

What do I do if I want alimony? You can ask for alimony as part of a divorce proceeding. If you and your spouse reach an agreement about alimony, you can ask the judge to make the agreement a part of the court order. If you cannot reach an agreement, the judge will decide whether you are entitled to alimony.

Non-durational alimony in New York will end if either spouse dies or the payee spouse remarries. It can also end if there are changes in the quality of life of either the payor or the payee spouse.

Not all divorces qualify for alimony. Courts consider factors like the length of marriage, income disparity between spouses, and ability to be self-sufficient. Generally, the higher-earning spouse supports the lower-earning spouse to maintain their pre-divorce standard of living.

The best way to avoid paying alimony in the event of a divorce is to sign a prenuptial or postnuptial agreement. These agreements, once seen as unromantic, now serve as a strategic way to protect individual assets in case of separation or the need to dissolve the marriage.

The person asking for alimony must show the court that he or she needs financial support, and that the other spouse has the ability to provide financial support.

More info

This page provides basic information about divorce and a general overview of the divorce process in New York. Spousal support cases are started with a spousal support petition in Family Court.There is no filing fee in Family Court. A spouse can file a petition in New York Family Court for the other spouse to pay spousal support even if they have not yet filed for divorce. Can I file for spousal support as part of my divorce? Yes. In a New York divorce, spousal support is called "maintenance". In New York State, a married person may file a petition in Family Court seeking spousal support from a current husband or wife. In a divorce in Queens County, NY, alimony may be either temporary or permanent, under the NY Dom Rel L § 236 (2018). Don't go through a divorce without a skilled Queens divorce attorney on your side. Call Markfeld Law today at 718-569-8618.

Spouse Alimony Provisions For Divorce In Queens

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