Divorce in New York: What You Need to Know

Mar 03, 2023

Divorce in New York: What You Need to Know 

The prospect of filing for divorce can be daunting, and there are many factors to consider. In the state of New York, there are certain factors that a court will take into account when considering a divorce. Additionally, spousal support calculations and how to move forward if an ex-spouse refuses or is unable to pay the ordered amount must also be taken into consideration. At Manrique Law Group, we understand the complexities of divorce proceedings in New York and are here to assist you every step of the way. 

Factors Considered During Divorce Proceedings in New York

  In New York, courts take several factors into account when considering a divorce case. These include the length of marriage, income disparity between spouses, age and health of each spouse, lifestyle shared during marriage, childcare responsibilities, and any other factor deemed relevant by the court. Additionally, fault may be considered in determining whether one spouse should receive more support or assets than another. 

How is Spousal Support Calculated in New York?

  Spousal support (or alimony) is not always awarded as part of a divorce settlement; however, when it is awarded it is based on several criteria including the length of marriage, income disparity between spouses, age and health of each spouse, lifestyle shared during marriage and childcare responsibilities. The court may use a formula or calculation to determine what amount is appropriate for spousal support payments; however it is up to the court’s discretion as to whether such payments will be ordered at all. 

What Happens if I Am Unable To Pay Spousal Support? 


If you find yourself unable to make your required spousal support payments due to job loss or other extenuating circumstances then you may petition the court for either a reduction or complete termination of your payments. However, this must be done through legal means as failure to make payments without prior approval from the court could result in additional fines or penalties being imposed by the court.   

What Are My Options if My Ex Refuses To Pay Spousal Support? 


If your ex-spouse refuses or fails to make their spousal support payments then you have several options available depending on your specific situation. You may file a motion with the court seeking enforcement which would require them to pay any past due amounts plus interest as well as potential attorney fees associated with obtaining enforcement from the court. You may also seek wage garnishment which would allow funds from their paycheck directly towards payment of past due amounts before they ever receive their full paycheck amount each month until all amounts due have been paid off in full. 

Divorce can be complicated but with proper guidance you can ensure that you receive fair treatment throughout your proceedings while ensuring that all required orders are enforced if need be. At Manrique Law Group we understand the complexities involved with divorces in New York and would like to provide our assistance throughout these difficult times so that our clients can get through this process feeling confident that they received fair representation during their proceedings. If you need help filing for divorce or enforcing an order within New York City limits please contact us today! Our experienced attorneys can provide quality legal services tailored specifically for your individual needs so don't wait - call us today!

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