New York Family Law Blog
In New York, spousal support is determined based on a variety of factors, including the length of the marriage, the standard of living established during the marriage, and the respective incomes and earning capacities of the parties. When circumstances change, such as a change in income or health issues, a modification to the spousal support order may be necessary.
Health issues can have a significant impact on spousal support determinations in New York. When one spouse has health problems that prevent them from working or require significant medical care, the court may order the other spouse to pay a higher amount of spousal support to compensate for the additional expenses. In Pizzimenti v. Pizzimenti, the court recognized the ex-wife’s health issues as a key factor in determining the amount of permanent spousal support the ex-husband was ordered to pay. The court considered her medical expenses and her inability to work, highlighting the importance of health issues in spousal support determinations.
Factual Background
The parties in Pizzimenti v. Pizzimenti were married in 1987 and divorced in 2007. During the marriage, the wife suffered from a number of health problems, including fibromyalgia, chronic fatigue syndrome, and depression. The husband worked as a medical doctor and had a substantial income, while the wife was unable to work due to her health issues.
In the divorce proceedings, the parties agreed to a temporary spousal support order, which required the husband to pay the wife $7,500 per month. However, the issue of permanent spousal support was left unresolved. In 2013, the wife brought a motion seeking an award of permanent spousal support. The wife argued that her health issues made it impossible for her to work, and that she needed financial support from the husband in order to maintain her standard of living.
The husband argued that the temporary spousal support order was sufficient, and that the wife was capable of working. He also claimed that the wife had not made any effort to seek medical treatment for her health issues.
Discussion
In Pizzimenti v. Pizzimenti, the court recognized the important role that health issues can play in spousal support determinations. The court found that the ex-wife’s health issues were a significant factor in determining the amount of permanent spousal support that the ex-husband was ordered to pay. The court also considered the length of the marriage, the standard of living established during the marriage, and the respective incomes and earning capacities of the parties.
It is important to note that spousal support determinations can be complex and depend on a variety of factors. In addition to health issues, other factors that may be considered include the age and health of the parties, the length of the marriage, the standard of living established during the marriage, and the respective incomes and earning capacities of the parties. Each case is unique and requires a careful analysis of the specific facts and circumstances involved.
Conclusion
Spousal support determinations in New York are complex and require careful consideration of a variety of factors, including health issues. If you are dealing with spousal support issues, it is important to seek the guidance of an experienced New York family law lawyer who can provide the guidance and support you need.
Pizzimenti v. Pizzimenti serves as an important reminder of the significance of health issues in spousal support determinations. The case highlights the court’s willingness to consider a wide range of factors, including health issues, when determining the amount of spousal support to be paid. It is critical for parties dealing with spousal support issues to seek the guidance of an experienced New York family law lawyer who can help navigate the complex legal landscape as well as help ensure that all relevant factors are considered when determining spousal support, including the length of the marriage, the standard of living established during the marriage, the respective incomes and earning capacities of the parties, and any health issues that may impact the parties’ financial situations.