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Alimony Eligibility and Deciding Factors

A Syracuse Family Law Attorney an help with deciding alimony eligibility

The Bombardo Law Office, P.C. has 20 years of experience litigating alimony issues in Syracuse divorce cases. In deciding whether an individual is eligible for alimony, the court evaluates all the following factors:

  • Income and property of the spouses
  • Duration of marriage
  • Age and health of respective spouses
  • Present and future earning capacities of each spouse
  • Ability of person seeking alimony to become self-supporting
  • Reduced or lost earning capacity of person seeking alimony because of delayed training/employment during the marriage
  • Tax consequences to the parties
  • Presence of children of the marriage in respective homes of the spouses
  • Other contributions and services of the spouse seeking alimony
  • Wasteful dissipation of marital assets
  • Transfers made by a spouse at below-market value in anticipation of divorce action
  • Any other factor the court deems relevant

Factors in deciding how much alimony is granted

The court takes into account the financial circumstances of each party, including reasonable needs and means. It also must consider:

  • Present and future earning capacity of  the paying spouse
  • The recipient spouse's present and future earning capacity
  • Each party's standard of living

The pre-separation standard of living provides the standard for permanent alimony payments, provided the paying spouse has the financial ability to maintain it. When the parties involved in the marriage have lived beyond their means, then support need not be based upon the pre-separation standard. In that case, the parties' post-divorce financial circumstances are given greater weight. A Syracuse divorce lawyer can present effective arguments to protect the client’s interests.

Permanent or durational alimony

In determining whether alimony should be permanent — for the rest of a lifetime — or durational, the court considers factors for the recipient spouse such as the following:

  • Age
  • Health
  • Education
  • Employment Experience
  • Length of the Marriage
  • Whether There are Young Children at Home
  • Debts and Obligations

Consult with a knowledgeable Syracuse divorce attorney about alimony eligibility

Rely on an experienced divorce lawyer in Syracuse to explain the nuances of alimony eligibility protect your interests and help you make informed decisions. For a free consultation, call 315.488.5544 or contact the Bombardo Law Office, P.C. online. Our firm offers flexible payment options for clients who qualify. If weekday consultations are inconvenient, we can arrange after hours or weekend appointments that meet your needs.

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