This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of the obligor spouse's changed financial condition. 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.
Spousal Support For In Nassau
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Multi-State
County:
Nassau
Control #:
US-00004BG-I
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FAQ
Not all divorces qualify for alimony. Courts consider factors like the length of marriage, income disparity between spouses, and ability to be self-sufficient.
California Alimony California determines alimony based on the recipient's “marital standard of living,” which aims to allow the spouse to continue living in a similar manner as during the marriage.
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.
Bank statements or copies of checks deposited for the most recent 12 months or applicable period showing receipt of payments. Both must indicate the originating entity.
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.
Typically, the judge will take 20% of the lower-earning spouse's income and subtract that number from 30% of the higher-earning spouse's income. For example, one spouse makes $100,000, and the other makes $20,000. Thirty percent of $100,000 is $30,000, and 20% of $20,000 is $4,000.
Length of the marriage — a longer marriage can mean a greater award, particularly if the receiving spouse stayed at home and raised the children. Age and health of both parties — if a receiving spouse is in poor health or of advanced age, the award can be affected. Present and future earning capacity of both parties.
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.