Unless a divorcing couple can negotiate their own alimony (spousal maintenance) agreement with the help of their legal teams, a judge will determine the amount, terms and duration. These are based on a number of factors.
Under New York law, this includes how long the marriage lasted, the current income and earning potential of both spouses and how long the spouse seeking alimony needs to become self-supporting. Another factor that can be considered is the “standard of living of the parties established during the marriage.”
What does a lesser-earning spouse have the right to expect?
People often assume this applies only to couples where one spouse has a multimillion-dollar annual income, and the other spouse has gotten used to an extravagant lifestyle they can’t be expected to give up. However, it can apply in any case where one divorcing spouse’s standard of living would suffer significantly if they didn’t receive alimony, at least for a time, after divorce.
This is often the case if one spouse has built a successful career while the other spouse has foregone their career aspirations to be a stay-at-home parent. They may need a few years to get the education, skills, connections and experience necessary to be financially secure on their own. Even then, they may not be able to attain the standard of living their ex has – particularly if they’re older.
What if the marital standard of living was artificial?
In divorce, both spouses are required to present thorough and accurate financial disclosures. People sometimes learn that their spouses have been hiding assets – or debts. The marital standard of living may have been a ruse in one way or another.
Sometimes, a comfortable lifestyle is concealing a mountain of debt. If few assets are owned outright and a spouse has racked up many thousands of dollars or more in credit card debt and loans, the other spouse can’t expect to continue that standard of living.
There are also cases where a couple lived a very modest, frugal lifestyle while one spouse – for whatever reason – concealed assets in hidden accounts or other places. In that case, the other spouse might be entitled to more alimony than they expected.
Each situation is highly unique. What’s important is to have experienced legal guidance to protect your rights – including your right to financial security – in divorce.