How New York Courts Resolve Disputes Over Alimony After Divorce

In New York, the term “maintenance” refers to what we generally call alimony. It is among the most frequently contested issues in family law. Those paying alimony generally disagree on how much they should pay and for how long. In this article, the Westchester County, NY, divorce lawyers at the Law Office of Robert S. Sunshine will discuss a New York family law case that highlights what a party must prove to get alimony.

Background of the case

In the aforementioned family law case, the parties were locked in a contested divorce that put the trial court in the position of sorting out their finances. Issues like maintenance, child support, and credits for payments made were at the forefront of their dispute. The marriage lasted for a moderate length, and both parties challenged the court’s findings.

After a trial, the Supreme Court of New York awarded the former husband alimony of $1,950 per month for seven years. The court calculated how much the former wife should pay based on statutory factors set forth in New York’s Domestic Relations Law. This includes the parties’ incomes, earning capacities, and the standard of living they established during the marriage.

In this case, neither spouse was happy with the decision. Each of them appealed, arguing that the court did not correctly apply New York’s Domestic Relations Law.

The appeal

The appellate court took up the case to review whether the trial court abused its discretion when awarding alimony to the former husband. The court emphasized an important principle of New York family law: alimony determinations are highly fact-specific and mostly entrusted to the trial court to decide.

In this case, the court noted that the trial judge properly applied the guidelines set forth in the statute. The court reviewed factors such as income disparity, the length of the marriage, and the parties’ future earning potential. While both parties disputed the decision, just disagreeing alone isn’t enough to get the decision overturned.

The appellate court thus rejected both parties’ challenges to the alimony award. It found no legal error nor an abuse of discretion. Since the trial court followed the statute, there was no basis on which to appeal.

Key takeaways from the case 

This case offers a number of practical takeaways for anyone involved in a contested alimony case. Firstly, the statute is important for determining how much a party gets and for how long. Courts begin with this formula, and any deviations from the formula require a factual foundation.

Second, trial courts are granted broad discretion to apply the statute’s guidelines. To appeal a decision, you must be able to show that the trial court erred as a matter of law. Appeals are not do-overs. They must show that the trial court ignored the law. 

Talk to a Westchester County, NY, Divorce Lawyer Today 

The Law Office of Robert S. Sunshine represents the interests of New York residents who are pursuing a divorce. Call our Westchester County family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

law.justia.com/cases/new-york/appellate-division-fourth-department/2023/378-ca-22-00449.html