Can alimony impact a New York property division?

Posted by Lauren S. CohenFeb 06, 20150 Comments

All sorts of different things can happen during the course of a divorce. In some divorces, one of the parties is granted an alimony award.

Alimony is of course not the only major financial matter that can arise in a divorce. Another of the big ones is how the divorcing couple will split the marital estate. One question a divorcing individual may have is: could an alimony award have impacts on the division of a marital estate?

Here in New York, the answer to this question is yes.

In a New York divorce, if the divorcing couple is unable to come to an agreement on property division, a court will use the equitable distribution method to decide how the marital estate will be divided. This method involves basing the marital property division decision on what would be fair given the individual circumstances of the divorcing couple. There are many things courts can take into account when determining what sort of property division would be a fair one. Among the factors courts are allowed to consider is whether any alimony awards have been granted in the divorce.

Thus, the awarding of alimony in a New York divorce could perhaps influence a court's decision on the issue of property division in the divorce.

This illustrates the interconnected nature many of the issues in a divorce can have. It is not at all uncommon for one divorce issue to have the potential to affect other divorce issues. It can be very important for individuals who are going through a divorce to keep this interconnectedness in mind, as it could impact how they may want to act in relation to each of the individual issues in their divorce given their overall divorce goals.

Source: FindLaw, “New York Marital Property Laws,” Accessed Feb. 6, 2015