Do the courts take into consideration my living expenses each month and what my ability to pay would be when deciding on alimony?

Asked on March 1, 2012 under Family Law, New York


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The court will consider a number of factors when determining the amount of spousal support to be paid.  The court will consider your income and expenses and the lifestyle to which your spouse is accustomed.  It would be advisable to file an income and expense declaration with the court so that the court will have this information when determining the amount of alimony to be paid.  Ask the court clerk for an income and expense declaration.  This court form may have a different name in your state.

If your financial situation changes in the future or your spouse's financial situation changes in the future, you can file a request for a modification of spousal support.

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