Does alimony have to be requested in the divorce petition?
In New York, alimony does not have to be requested in the divorce petition. Alimony, also known as spousal support or maintenance, is a payment that is made from one spouse to the other. It is intended to help the recipient financially adjust to the new financial circumstances created by a divorce. Alimony may be requested by either spouse during the divorce proceedings, by filing a motion. It can also be awarded without having been requested, if the court believes it is appropriate. If one party requests alimony, the court will take a few factors into account when determining if alimony should be awarded. These factors can include the length of the marriage, the income of the two parties, and any assets or debts that the parties have. The court will also look at the age and health of each spouse, and if either of them has custody of any minor children. Finally, the court may also consider other factors, such as the ability of each party to become self-supporting. The court will consider any agreement that the parties have made regarding alimony, and may also consider if there has been any misconduct by either spouse throughout the marriage which may have contributed to the breakdown of the marriage. In New York, alimony can be requested through a motion, but it is not required to be requested in the divorce petition.
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