How to Avoid Paying Alimony In New York

How to Avoid Paying Alimony or Spousal Support In New York

If you are the higher-earning spouse in your marriage and are looking to, or are, getting a divorce, you may be on the hook for alimony or spousal support. We’ll use these two terms interchangeably in this article. Spousal support is (usually temporary) payments made to your spouse during and after the divorce proceedings to give them time to regain the necessary skills or education to reenter the workforce. If you’re ordered to pay spousal maintenance after your divorce, this could make it harder for you to rebuild your own life. Here are some ways you might be able to avoid paying alimony and how Hornberger Verbitsky, P.C. can help.

Sign a Prenuptial or Postnuptial Agreement

The best way to protect yourself from being responsible for spousal support in the event that you and your spouse get a divorce is to sign a prenuptial or postnuptial agreement. Once considered unromantic, these agreements aims to protect the assets of married individuals if they should later decide to dissolve their legal union. Prenups and postnups function effectively the same way and there are few differences between the two, with the exception that a prenup is signed before the marriage and a postnup is signed anytime after the wedding but before either spouse files for a divorce.

Negotiate Giving Your Spouse Assets Instead of Paying Alimony

If you don’t have an agreement that covers alimony in place at the time of your divorce, you may be able to negotiate to give your spouse assets during the equitable distribution process instead of making ongoing alimony payments. For example, if you own two vehicles as part of your separate property, you may be able to give one to your spouse to cover some or all of the spousal support you would otherwise be required to pay.

Prove That Your Spouse Doesn’t Need Spousal Support

If you don’t have a prenup or postnup that indicates you have to pay a certain amount of alimony, you may be able to reduce or eliminate spousal support payments if you can prove that your spouse does not need financial support following the divorce.

For example, if your spouse has a side business that they are able to grow after the divorce, you can ask the court for support modification. This allows the court to reevaluate your spouse’s finances to determine if alimony payments can be reduced or stopped. If and when your ex-spouse remarries, they become ineligible to receive or continue receiving spousal maintenance.

Live Within Reduced Means

The amount of spousal support you will be ordered to pay, if any, is dependent upon how much money you earn compared to your expenses, along with any assets you own. You will pay alimony as a percentage of your income, which cannot be more than a certain amount under New York law.

If your income is reduced and you can live within those means, you may be able to avoid being ordered to pay alimony, since you will have no disposable income. However, it’s important to note that a court may look for indicators that you are changing your material circumstances to influence the outcome of your divorce proceedings.

Consider Filing a Fault Divorce

While there are no statutes that suggest an at-fault spouse cannot receive alimony, many courts are reluctant to order one spouse to pay spousal support to the other when the other is accused of causing or contributing to the breakdown of the marriage. For example, if your spouse committed adultery and you wish to get a divorce, you may file for a fault or no-fault divorce. If you file a fault divorce citing adultery as the cause (and can prove it in court), you may have a greater chance to avoid paying alimony to your cheating spouse.

Get Spousal Support Help from a New York Divorce Lawyer

The best way to protect yourself from the burden of paying spousal maintenance or alimony during or after a divorce is to work with an experienced New York divorce attorney. Navigating the process of dissolving your marriage is complex and requires the support of a qualified family lawyer to be successful.

Contact Hornberger Verbitsky, P.C. today to learn more about how you might be able to avoid paying alimony or to get help with another family legal issue by calling 631-923-1910 or filling in the short form on this page.

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At your meeting, your attorney will describe the many options available and determine together which is the right solution for you. By the end of this meeting we’ll all understand how we can best help you to move forward.

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Hornberger Verbitsky, P.C.

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Darlene Iglio

15:27 30 Jul 22

Robert has been my attorney for 14+ years. Through the years he has taken every call, and responded to every email, even when we were not dealing with an active court matter. Most recently, he, and his amazing team, did everything to see me through a lengthy and draining child support modification. His experience with Divorce, and Family Court, matters makes him extremely knowledgeable; therefore, if he doesn’t feel you can benefit from an action, he will advise you as much. He is not in this business to charge you fees just for the sake of making money. He will listen to you, take your feelings into consideration, and then take the time to explain how the Law works. The Courts do not care about your feelings but he, and his entire firm, genuinely do care about you AND work to obtain the best possible outcome! All the while, truly understanding these matters are very difficult to go through emotionally AND the financial impact they have on you. I highly recommend Robert and his firm… you will not be disappointed.

86 Godhand

00:41 30 Jul 22

Mr Hornberger is an absolute amazing lawyer. He helped me on every level weather it be answering emails extremely fast, always called me back right aways and never acted frustrated towards me and my thousand questions. Mr Hornberger is extremely personable, caring and smart. I would highly highly recommend him to anyone especially someone like me who has no idea what court is going to be like. Again a great person and an even better lawyer

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Hornberger Verbitsky, P.C.

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Darlene Iglio

15:27 30 Jul 22

Robert has been my attorney for 14+ years. Through the years he has taken every call, and responded to every email,... even when we were not dealing with an active court matter. Most recently, he, and his amazing team, did everything to see me through a lengthy and draining child support modification. His experience with Divorce, and Family Court, matters makes him extremely knowledgeable; therefore, if he doesn’t feel you can benefit from an action, he will advise you as much. He is not in this business to charge you fees just for the sake of making money. He will listen to you, take your feelings into consideration, and then take the time to explain how the Law works. The Courts do not care about your feelings but he, and his entire firm, genuinely do care about you AND work to obtain the best possible outcome! All the while, truly understanding these matters are very difficult to go through emotionally AND the financial impact they have on you. I highly recommend Robert and his firm… you will not be disappointed.read more

86 Godhand

00:41 30 Jul 22

Mr Hornberger is an absolute amazing lawyer. He helped me on every level weather it be answering emails extremely fast,... always called me back right aways and never acted frustrated towards me and my thousand questions. Mr Hornberger is extremely personable, caring and smart. I would highly highly recommend him to anyone especially someone like me who has no idea what court is going to be like. Again a great person and an even better lawyerread more

Jenny Allen

13:26 18 Jun 22

Mr. Hornberger was so helpful to me in a recent consultation. He gave me his time generously, listened patiently,... offered clear counsel, and said I didn't actually need further legal services in a particular matter, which I really appreciated.read more

Elizabeth Martin

21:06 25 Jan 22

The team at Hornberger Verbitsky made me feel at ease after I retained them after a 3 year contested divorce process. I... like their approach with how they educate you on ways to get the best outcome in your divorce. Mr. Hornberger made me feel heard and was compassionate to my case while also being aggressive in the courtroom to help me get the most positive outcome. He prevented my case from having to go to trial and he closed the deal in my long drawn out emotional divorce. I was happy that I retained him and would recommend him to anyone that is going through a high conflict divorce.read more

rrezarta lekaj

20:47 24 Nov 21

Christine is truly the best there is. She is beyond professional, personable, genuine, extremely trusting, and has made... such a stressful and emotional time for my family and I easier to get through. Thank you so much from the bottom of my heart for your guidance, your support, and being there every step of the way. I would highly recommend Hornberger Verbitsky, P.C. to anyone that is in need for legal advice - you will be in the best hands.read more

Janine Martello D'onofrio

21:00 02 Oct 21

Rob and Christine are the very best out there!I can not say enough about them. They both have helped me so much in... different matters throughout the last several years . They have gone over and beyond!I highly recommend this law firm !read more

Tara Tocci

20:59 17 Sep 21

I called to make an appointment for a consultation to discuss a mediated divorce, the office was fantastic with getting... me a prompt appointment. When going in all my questions were asked and I left feeling comfortable in my decision to move forward in using the Hornberger/Verbitsky office. Despite a pandemic going on the office still worked diligently to get my papers filed and my divorce complete in a timely manner. Highly recommend!read more

cristina romero

20:17 17 Sep 21

Hornberger Verbitsky, P.C were phenomenal in every way. Robert was very genuine, patient and professional. Walking in,... I had no idea what to expect but he went above and beyond to explain the entire process thoroughly. He guided and informed me of my rights. Patty was amazing, she answered every question I had no matter how many times I called, she was very understanding. I highly recommend Hornberger Verbitsky, P.C. Even if its just for questions on how to navigate this process.read more

Kerri

16:57 17 Sep 21

Rob and his team are by far one of the greatest! Patty is amazing and will make sure all of your questions are... addressed and responded to. Rob and his team made a very tough time in my life as simple as possible. Rob is extremely knowledgeable and very empathetic. Patty was a pleasure to work with and I would recommend this firm to anyone that needs a great divorce attorney. Thank you for all of your help!read more

Angela Thearle

00:21 07 Aug 21

Hornberger law was the best choice I made when I needed to go to family court with my ex for custody of my children.... They were there at any time when I neeeded them. Going through a custody battle can be a huge emotional rollercoaster and very painful. They helped me through it and made it less painful and heartbreaking. And I got the outcome plus more than I expectedread more

Tammy Granville

11:49 04 Jul 21

Everyone was very professional. Never had to call to get an update on my case. Someone always updated me on a regular... basis.read more

LilMissPerfct Dessie

06:46 11 Feb 21

I am a graduate of Norland English nanny college. I thank God every day that Mr. Robert Hornberger protected my clients... in the legal ways i could not. Children are a blessing not a blender to be fought over during some silly spat!read more

Anastasia R

22:45 17 Dec 20

I went to see Rob for a modification for my child custody agreement to relocate, I can honestly say that working with... Rob and Christine has been the best experience. I cannot recommend them enough I only wish I had seen them sooner. They are prompt with communication, and they are honest which I appreciate so much. They do not give you fake promises and they do their best to fight for what you want which they do amazingly well! You can tell they are passionate about what they do and care about their clients. A very important aspect of lawyer client relationship for me is an open line of communication, the anxiety of the unknown always gets the best of us. The fact they were always available whether it be phone call or email to answer any question was extremely comforting and exactly what I needed. I am not well versed with laws and regulation so knowing I had Rob and his partners there when I was unsure or conflicted was extremely needed and greatly appreciated.When it comes to family court it's never easy but having Rob and his partner by my side I felt extremely comfortable and he helped me have realistic expectations. Please TRUST HIM!! If you're looking for a lawyer (at least for my end from child custody/Family Court) don't look any further you will not be disappointed. I hope to never have to use them again but in the event I have to, they are going to be my forever first call.read more

A Google User

15:42 16 Sep 20

I hired Robert to handle a child custody and child support matter. He was prompt and professional and was able to... achieve a result that 3 prior attorneys could not. He and his staff made a stressful situation easy. I highly recommend his office.read more

Ann Masten

17:48 12 May 20

I am a paralegal in an unrelated field of law. I phoned Hornberger Verbitsky, P.C. today intending to refer a client... to their office. Instead (and despite that we are the midst of the present crisis), Mr. Hornberger himself graciously accommodated my questions over the telephone, and was generous with his time and adroit in his response, saving our client a small fortune in unnecessary legal fees. I have not had any similar experience, in which counsel was so generous with his expertise, in 22+ years of interacting with prominent, local attorneys, and the client is overjoyed. Based on this experience, I would now whole -heartedly recommend this firm as trusted professionals to any client requiring a firm expert in family law and related legal issues.read more

Everett Roberts

14:30 18 Mar 20

Going through a divorce was very challenging and emotional. Searching for an attorney can be challenging as well when... you consider everything that is at stake. The choice I made to work with Rob Hornberger was surely the best choice available. His professionalism, expertise, and understanding made him and the entire team perfectly suited to achieve the outcomes I desired. Rob was always available to answer my questions and give me advice and legal considerations that affected my situation. The support I received from his staff was exemplary as well. The staff was courteous, kind, and also very professional. Thank you so much Rob and team for a worry free experience.read more

Annemarie Cusumano

21:41 17 Mar 20

Being in family court especially when your children are on the line is extremely emotional and stressful but working... with Robert and Christine put me at ease and made the process as pleasant as a situation like that can be. I have a now 3 year old daughter (who is the most important person in my life) and I've been working with them for over two years since my daughter was 7 months old, the case has been up and down and through it all Rob and Christine have never given up. My original case was due to a neglect charge. Cps is not easy to work with, but Rob and Christine were vigilant and I ended up getting my daughter back within 8 months and did not have to plead guilty to the neglect. Currently I am in family court to figure out a custody agreement. They are professional, empathetic, and patient. They have always explained everything thoroughly, informed me of all my options and advised me of what my best option would be. They always respond quickly when I contact them with questions or concerns and most importantly they fight for me in court and don't give up even when things get rough. Before hiring Rob and Christine I met with other attorneys who did not make me feel confident or comfortable at all about my case, so I am very grateful to have found Rob and Christine and to be represented by such great attorneys. I highly recommend them for any family court matters and will definitely continue to use them in the future if needed.read more

Randi Gottlieb

18:47 03 Mar 20

Hornberger Verbitsky, P.C. - Mr. Robert Hornberger and his staff are beyond professional, they quickly gave me my... consultation appointment, and helped me with an after-Divorce issue. Mr. Hornberger was empathetic and explained to me what I should expect. Mr. Hornberger was extremely professional and advised me of my options, he helped me proceed with accurate and smart decisions. I wish I had Mr. Hornberger and his highly recommended staff when I was getting divorced. I would highly recommend Robert and his staff to anyone who is getting a divorce or in need of help with situations after the divorce!read more

Rob Spielmann

22:15 27 Feb 20

They made our process so easy. They were there to answer and help with any questions that came up. Very friendly

Ashley Hubner

20:30 14 Feb 20

Navigating my divorce was a challenging experience to say the least, but I was supported and guided every step of the... way by my attorney, Robert. With the daunting task of hiring a divorce lawyer, I knew I would need someone with the right combination of knowledge, compassion and integrity. Robert has a strong background in family law, sincere character and direct communication to be superior to the others. He and his staff were professional and caring. I always felt I was in good hands. I highly recommend the Law Offices Hornberger and Verbitsky for the legal expertise, compassion and understanding of the many complex facets associated with divorce.read more

Thomas Livingston

21:31 26 Jan 20

Robert and Christine are the epitome of professionalism. They helped us with the purchase of our new home. They were... efficient, dedicated, and focused on making our closing as seamless as possible.read more

Sheila Vasata

23:35 14 Jan 20

Robert Hornberger has been a friend of mine and my family for years. He has helped us all in ways that are too... numerable to mention. I went through a divorce that I don’t think I could’ve done if I didn’t have Robert by my side. He is vivacious, motivated, knowledgeable, and has an extreme desire to succeed and excel...and he does! He goes over and above for all of his clientele. I would recommend his law firm to anybody who is looking for a Great Lawyer with integrity!read more

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