New York Divorce Laws

New York Divorce Laws regarding Alimony

The Court contemplates over the following issues while finalizing the amount and period of alimony.

• Any nuisance or transfer created without fair consideration while speculating a matrimonial action
• If either partner has caused wasteful dissipation of marital property
• The services and contributions of the partner requesting alimony as a homemaker, wage earner, parent and spouse and to the career potential or career of the other party
• The consequences of tax to either partner
• Whether the children of the marriage are residing in the respective residences of the partners
• Whether the partner requesting alimony has delayed or foregone career chances, employment, training or education during marital life due to which there is a decreased or lost lifetime earning capacity
• Whether the partner requesting alimony has the capacity to become self supporting and if yes, the duration and training essential for this to happen
• The future and present earning capacities of both partners
• The age and health of both partners and the period of marital life
• After marital property was distributed amongst both partners, the property and income of both partners is taken into account

New York Divorce Laws regarding Property Distribution

Unless the partners have formed an ante nuptial or prenuptial agreement, the Court divides the marital property in an equitable and not essentially equal manner. For such an equitable division, the Court considers the following –

• If alimony has been awarded
• On the date of dissolution whether there has been a loss of inheritance and rights of pension
• The requirement of the custodial parent to own or occupy the marital residence and own or use its household effects
• The age and health of both partners and the period of marital life
• At the moment of marriage and at the moment of beginning of the action of divorce, what was the income and property of both partners
• The effects of tax to either partner
• The possible future economical states of both partners
• The non-liquid or liquid temperament of all marital property
• Whether it is difficult or impossible to evaluate any interest or component asset in a profession, corporation or business inclusive of the financial wish to retain such an asset or interest intact and free from any interference or claim by the other partner
• Any wasteful dissipation of assets by any partner
• Any other issues that the Court considers proper and just

Child Support

Child support is meant for the education, maintenance and care of unliberated children who have not completed 21 years of age. The Income Shares Model is applied to determine the amount. As per this model, the combined parental income is calculated and –

• For 1 child, 17 percent of this income is awarded
• For 2 children, 25 percent of this income is given
• For 3 children, 29 percent of this income is contributed
• For 4 children, 31 percent of this income is granted
• For 5 or more children, 35 percent of this income is considered

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