• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Soon to be Ex-Wife Asking about alimony

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

vision3

Junior Member
What is the name of your state? New York

I am filing for divorce and she is asking if she be getting alimony. We are doing this with out a lawyers just by our self. We got married in August of 2004 in Pennsylvania and have been in New York for over a year.

Is she entitling to alimony?
If so is there a % or a standard amount to be paid?
Can a separation contract be created stating the amount of alimony that will be paid and the length that it will go on? If so would it stand up in court?
Does the reason for divorce determines if she is entitle to alimony?

She just quit her job and moved in with her mother.

Any advice is appreciated. If you need more info please let me know.
 


Silverplum

Senior Member
What is the name of your state? New York

I am filing for divorce and she is asking if she be getting alimony. We are doing this with out a lawyers just by our self. We got married in August of 2004 in Pennsylvania and have been in New York for over a year.

Is she entitling to alimony?
If so is there a % or a standard amount to be paid?
Can a separation contract be created stating the amount of alimony that will be paid and the length that it will go on? If so would it stand up in court?
Does the reason for divorce determines if she is entitle to alimony?

She just quit her job and moved in with her mother.

Any advice is appreciated. If you need more info please let me know.
No way is she anywhere near "entitled" to alimony. In fact, I'll give it one of these: LOL :p
 

vision3

Junior Member
Awesome thanks so much, now is there somewhere where I can find this. I just would like to have the actual article/law that states this just incase she comes back with something?
 

Bali Hai

Senior Member
Awesome thanks so much, now is there somewhere where I can find this. I just would like to have the actual article/law that states this just incase she comes back with something?
I can give you the location, but you will need to perform a colonoscopy to get the information. Are you familiar with this procedure?
 

vision3

Junior Member
Funny, but I dont think I'll find it there. But if no one knows then thats ok, I'll keep searching untill I find something, if theres anything.
 

TinkerBelleLuvr

Senior Member
The Uniform Marriage and Divorce Act, on which many states' spousal support statutes are based, recommends that courts consider the following factors in making decisions about alimony awards:

The age, physical condition, emotional state, and financial condition of the former spouses;
The length of time the recipient would need for education or training to become self-sufficient;
The couple's standard of living during the marriage;
The length of the marriage; and
The ability of the payer spouse to support the recipient and still support himself or herself.
 

TinkerBelleLuvr

Senior Member
New York Spousal Support/Maintenance/Alimony Factors

In New York the support payments (if any) can certainly influence how the marital property distribution is awarded, which is why it can become a very intricate part of the final outcome of any divorce. Keeping this in mind, if you and your spouse are unable to reach and agreement on this issue, the Supreme Court will order support from one spouse to the other on a case-by-case basis as follows:

The court will determine temporary or permanent maintenance one case-by-case basis by considering the following factors:

(1) any income or assets of the parties including the property award;

(2) the length of the marriage and the age and health of the parties;

(3) the earning potential of both parties;

(4) If and how long it would take the party seeking support to become self-supporting;

(5) reduced or lost lifetime earning capacity;

(6) the presence of children of the marriage in the respective homes of the parties;

(7) the tax ramifications;

(8) contributions and services of the party seeking maintenance as a spouse, parent, wage earner and homemaker, and to the career or career potential of the other party;

(9) any dissipation of assets;

(10) any transfer or encumbrance made in contemplation of a matrimonial action without fair consideration; and

(11) any other factor which the court shall expressly find to be just and proper. (Consolidated Laws of New York - Domestic Relations Laws - Article 13 - Sections: 236)
 

vision3

Junior Member
Ok just one more question....If me and my spouse sign a separation agreement stating that I will pay a sum of $$ a month of alimony until the divorce is final or until she gets a job, which ever one comes first, and we both sign it. Is does it becomes valid? Or does it needs to be notarized in order for it to be valid?
 

TinkerBelleLuvr

Senior Member
guess I'm trying to figure out WHY you would pay alimony to someone who decides to up and quit a perfectly good job.

Court orders protect both parties. You should have it entered into an order - and the terms.

BTW - I guarantee I wouldn't be finding a job until I had to since you're allowing me to be lazy!
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top