Does alimony have to be agreed upon by both parties?
In New York, alimony is a payment made from an ex-spouse to the other as part of a divorce or legal separation agreement. Alimony is designed to ensure that both parties are financially stable following a separation. The court has the power to make alimony orders and may decide to award alimony, however, it is generally preferred by the court that the parties agree to alimony among themselves. New York law states that alimony decisions should be made as part of a mediated agreement between the parties. This agreement can be made through either negotiation or mediation. When negotiating the alimony, both sides must agree to the amount and the length of time the payments will be made. If the parties cannot agree, then the court will make a decision on alimony. Although alimony is not required in every divorce case, if both parties have agreed to alimony, then it must be incorporated into the final divorce or separation agreement. This means that both parties must sign off on the agreement before it can take effect. If one party does not agree to alimony or if they disagree with the amount, then the court must make a decision on the matter. In conclusion, alimony is not a requirement in New York, however, if both parties have agreed to it, then it is important that the agreement is documented and legally binding. Most courts prefer that alimony is agreed upon by both parties but, if the parties cannot agree, then the court will make a decision.
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