How to Avoid Alimony in New York

Experienced Long Island divorce lawyer provides strategic advice

Even though divorce allows you to move on from a marriage that didn’t work out, if you are ordered to pay alimony, you will continue to have financial ties to your ex-spouse, possibly for years into the future. However, there are strategic ways that might enable you to steer clear of spousal maintenance obligations. At Bryan L. Salamone & Associates, P.C., we provide effective counsel to Long Island residents about how to avoid alimony in New York.

Criteria for getting alimony in New York

In many New York divorces, spousal maintenance determinations are based on the formula included in the state guidelines. This calculation considers each spouse’s income, the duration of the marriage and other factors to set alimony terms, including the amount of payments and how long they should last. When the income of the spouses exceeds the figures used in the guideline, or an adjustment from the calculated rate is appropriate for another reason, judges look at various factors listed in the state’s Domestic Relations Law, such as:

• The income and earning capacities of both parties
• The standard of living enjoyed during the marriage
• The requesting spouse’s financial needs
• Whether the other spouse has sufficient funds to pay alimony
• Contributions made by the requesting spouse to the household and to the other spouse’s education or career

Our Long Island alimony lawyers advise clients on how to qualify for alimony and explain when the relevant factors indicate that maintenance should not be awarded.

Conditions that can preclude or end NY alimony payments

Just because a spouse seeks alimony does not mean that it will be awarded. Even when alimony is ordered, payments can end for various reasons. Here are some conditions that could preclude or end payments:

• The incomes of each party are equivalent or very close.
• The spouse being asked for alimony can’t afford to pay.
• There is a substantial change in financial status of one of the parties
• There is a valid marital agreement that says alimony will not be paid or will only be paid for a specific time period.

If you believe that payments should be precluded or ended, we will stand up for your interests.

Negotiating alternatives to alimony

If you expect that your spouse will pursue alimony, we may be able to negotiate a financial alternative on your behalf. Possible alternatives to alimony in divorce include making a single lump-sum payment to your spouse or offering a larger share of assets when dividing marital property.

Changes to a spouse’s living conditions

When a spouse collecting alimony remarries in New York, payments typically end. If your former spouse who receives payments moves in with a new romantic partner, you might be able to terminate your obligation. Our attorneys can prepare the necessary filings and supporting materials if you believe your ex no longer requires financial support from you.

Modifying an alimony order in New York

Alimony orders can be changed if warranted by a shift in circumstances. Reasons a judge may agree to modify your alimony obligation include the following:

• Your income has substantially decreased due to involuntary job loss.
• Your former spouse’s income has significantly increased.
• You have become disabled or seriously ill.
• Three years have passed since the last order, which allows for a reassessment of the parties’ financial circumstances.

You must file a modification petition with the court that describes why the change is justified and provide evidence supporting the modification. We can guide you through the process.

Reach out to a skilled Long Island alimony law firm for assistance

At Bryan L. Salamone & Associates, P.C., our Long Island divorce lawyers advocate fiercely for New York clients in alimony matters, including situations where a party seeks to stop payments or avoiding them altogether. Call us at 631-388-6009 or contact us online to schedule a free consultation.