If you are going through a divorce, the question of alimony (spousal support) is crucial to address, as it can result in significant financial implications for both parties. In New York divorce cases, alimony is generally ordered in litigated cases to help both spouses maintain a living standard similar to what they had during the marriage, especially if there is a significant disparity in income or earning capacity between them. That said, not all divorces are accompanied by spousal support orders. There are several reasons why a New York court may deny alimony, including the following.

Marital misconduct

One reason the court may deny alimony in New York is marital misconduct. While New York is a no-fault divorce state, meaning that fault is generally not considered in divorce proceedings, extreme cases of marital misconduct may still influence the court's decision regarding alimony. For example, if one spouse has engaged in behavior such as adultery, domestic violence or financial fraud that significantly contributed to the breakdown of the marriage, the court may be less inclined to award alimony to that spouse.

Inability to pay

Where the spouse responsible for paying alimony can demonstrate a genuine inability to meet the financial obligation, the court may deny or reduce the alimony award. If the paying spouse can provide evidence of financial hardship such as unemployment, significant debt or a substantial decrease in income, the court may determine that they cannot afford to pay alimony while maintaining their own financial stability.

Non-durationary marriage

If the marriage was too short-lived, the court may be less likely to grant alimony. In cases where the marriage lasted only a brief period, the court may conclude that there has not been sufficient time for one spouse to become financially dependent on the other. As a result, alimony may be deemed unnecessary and the court may opt not to award it. Typically, the duration of the marriage is a factor considered by the court when determining the appropriateness and duration of alimony payments.

No financial need

If the spouse seeking alimony has sufficient income or assets to support themselves independently without assistance from the other spouse, the court may determine that alimony is not warranted. Factors such as the individual's earning capacity, employability, assets and financial resources are considered by the court when assessing the need for alimony.

Attempted asset concealment

In cases where the requesting spouse attempted to hide marital assets during the divorce process to unfairly disadvantage the higher-earning spouse, the court may deny alimony. If there is evidence that one spouse engaged in fraudulent behavior such as concealing assets or misrepresenting financial information with the intention of denying the other spouse of their share of the marital property, the court may view this as a breach of trust and may refuse to award alimony to the deceptive spouse. Such misconduct undermines the equitable distribution principle of divorce law in New York, which aims to ensure a fair and just division of marital property. Spousal support is not guaranteed in a New York divorce, as this arrangement rests on the unique circumstances of each case. At The Law Firm of Poppe & Associates, PLLC, our focus is relentless advocacy for our clients. If you or someone you know is considering divorce, reach out to schedule a consultation at  or by contacting us online. Let Me Be Your BraveMia Poppe, Esq.Managing Partner

During divorce, courts may award maintenance to help enable a financially disadvantaged spouse to maintain a reasonable standard of living. Getting disqualified from receiving ongoing maintenance payments can have serious consequences for the spouse who either anticipates or who has already been relying on it. The common misconception that maintenance is an unconditional and permanent entitlement can lead to misunderstandings. In reality, there are specific circumstances that may result in disqualification from ongoing maintenance eligibility.

Remarriage

If the maintenance recipient enters a legal marriage arrangement, they may be disqualified from receiving maintenance payments. The rationale behind this is that the financial responsibility for the recipient may shift to their new spouse. Remarriage is seen as a significant change in the recipient's financial circumstances, which may nullify the need for continued financial support from the ex-spouse. In such cases, the court may terminate or modify the maintenance arrangement based on the remarriage. This termination typically occurs because the purpose of maintenance—to provide support to a financially disadvantaged spouse—is considered fulfilled with the new marital arrangement.

Financial independence

The purpose of maintenance is to assist the financially disadvantaged spouse in maintaining a reasonable standard of living post-divorce. If the recipient achieves significant financial independence or experiences a substantial improvement in their economic situation, the court may consider it grounds for disqualification from maintenance. This change in financial circumstances could result from factors such as obtaining a well-paying job, receiving a large inheritance or successfully launching a lucrative business.

Cohabitation

If the maintenance recipient begins cohabiting with a new partner in a relationship that resembles marriage, they may face disqualification from maintenance. The rationale behind this is that cohabitation may lead to shared financial responsibilities similar to those in a marriage, thereby diminishing the need for continued support from the ex-spouse. Courts may view cohabitation as a significant change in circumstances and may choose to modify or terminate the maintenance arrangement accordingly.

Obligor spouse death

The death of the obligor spouse, the one responsible for making maintenance payments, can lead to disqualification from maintenance. maintenance obligations typically cease upon the death of either the obligor or the recipient spouse. This is because maintenance is a personal obligation tied to the financial capacity of the obligor spouse. In the event of their death, the court may terminate the maintenance arrangement as there is no longer a responsible party to fulfill the financial support obligation. It's important for individuals who are navigating divorce and maintenance considerations to seek personalized legal guidance based on their unique circumstances. At The Law Firm of Poppe & Associates, PLLC, our focus is relentless advocacy for our clients. If you or someone you know is considering divorce, reach out to schedule a consultation at 646-600-8007 or by contacting us online. Let Me Be Your BraveMia Poppe, Esq.Managing Partner

In 2011, love won for all with the landmark Marriage Equality Act, granting same-sex couples the legal right to marry in the State of New York. Obama signed it into law in all 50 states four years later. And while we hope that everyone lives happily ever after, that isn’t reality. As with heterosexual couples, some unions end up in divorce. If you are in a same-sex marriage and considering divorce, what do you need to know?

THE LAWS FOR SAME-SEX DIVORCE

The laws for same-sex divorce, also known as LGBTQ+ divorce, are generally the same as those for heterosexual divorce. In most jurisdictions, the legal process and requirements for same-sex divorce are identical to those for opposite-sex divorce. However, there may be some differences in how certain issues related to divorce are handled depending on the specific laws and regulations that apply in your jurisdiction. For example, in some places, the laws related to spousal support, property division, and child custody may be interpreted differently in cases involving same-sex couples. Here are three distinctions.

TRI-CUSTODY ISSUES

Tri-Custody is a legal dispute in which three adult parents are seeking equal custody and access to a child. Tri-custody occurs when the child is being raised in a non-traditional family structure. An example may be that within the married couple’s home, one parent may be the biological parent of the child, the other parent may not be the biological parent of the child, and a third party who oftentimes is a close friend or relative of both parties, is the other biological parent. In a tri-custody dispute, all three individuals may have an equal claim to the child, and each may seek legal recognition as a parent with the rights and responsibilities that come with that status. This can include the right to make decisions about the child’s upbringing, the right to spend time with the child, and the obligation to provide financial support for the child. Tri-custody disputes can be complex and emotionally charged, and they often require careful consideration by the courts to determine the best interests of the child. In some cases, the court may award joint custody to all three parties, while in other cases, the court may award primary custody to one parent and grant visitation rights to the other two. It’s important to note that the legal landscape around tri-custody disputes is still evolving, and laws related to this issue can vary widely depending on the jurisdiction. Therefore, it’s important to consult with a qualified family law attorney knowledgeable about the specific laws and regulations that apply in your area.

SOCIAL DNA

Another area of distinction is social DNA. Social or personal DNA is not a law, but rather the perceived image a same-sex couple may fear in getting a divorce. In most states in this country, same-sex marriages have not been legal for very long. In the State of New York, same-sex marriages have been legal since 2011. And so, amongst the population, same-sex couples are not used to splitting their stuff. That may bring a distinction in the challenges the divorcing couple may face.

COMMUNITY BURDEN

And finally, the third distinction is the community burden to avoid stigma. A lot of same-sex couples struggle with getting a divorce for community reasons. They do not want to bring in the stigma that same-sex marriages aren’t as successful as heterosexual marriages. The New York Times senior opinion writer Jyoti Thottam shared “Gay divorce, it turns out, is as painful as the straight kind, and a lot more complicated.” We believe that divorce for same-sex and heterosexual couples can be amicable if the divorcing parties choose to take that path. Surround yourself with a network of support, seek a qualified therapist to guide you through emotional challenges, and hire an attorney well-versed in same-sex divorce. At The Law Firm of Poppe & Associates, our focus is relentless advocacy for our clients. If you or someone you know is considering divorce, reach out to schedule a consultation: . Mia Poppe, Esq. Managing Partner