Buffalo, New York, Family Law Blog

How long does a marriage need to last to be awarded alimony?

If you've been married a decade and now are facing divorce, you may wonder how you will financially move forward. Perhaps, you've been a stay-at-home mom for the last seven years, spending your time raising your children. You know you won't be able to support yourself after your divorce and hope you will qualify for spousal support.

Yet, is there a specific amount of time your marriage needs to last for you to receive alimony?

How long do prenuptial agreements remain in effect?

Signing a prenuptial agreement may not feel like the most romantic activity to do before your marriage, but it can be the right choice for many couples. It can help future spouses get on the same page about their present and future. If the marriage ultimately ends in divorce, a premarital agreement can even protect the spouses from making unreasonable decisions out of anger.

However, prenuptial agreements aren't always fair. If you feel like your marriage is struggling, you may be thinking about your prenup and wondering if it is even enforceable.

How to become a dependable former spouse

Incompatibility with your spouse led to the downfall of your marriage. Now, the next chapter has arrived in your relationship with your ex. It is finally time to be realistic and honest because a post-marriage relationship does not have to about bitterness, cruel behavior and animosity. Ongoing acrimony is not good for you, your former spouse or your children.

Now you want to be a dependable and considerate former spouse. It is up to you and doing so is possible. Some couples have better relationships after they divorce, while others continue to berate each other. You do not want to be in the latter scenario.

Will I get the house in the divorce?

When you and your spouse decide to divorce, your life becomes a little topsy-turvy for a while. You likely aren’t sure what exactly will happen when you divorce, what assets you’ll receive and if you’ll be able to keep your home. What if your spouse wants to keep the house too? Who will it go to?

The options for divorcing couples who co-own a business

Divorce can be complicated. Who gets primary custody of the children? How much will you receive in child support and alimony? And how will you divide the assets? A divorce can be even more complicated if one of those assets is a business co-owned by separating couples.

Business and marital break-ups happen. But when they occur simultaneously, you better ensure that a solid plan is in place to protect yourself and your business. You wonder: "Who gets the business after I divorce my spouse?" The answer can be straightforward, but it might take a great amount of work and negotiation. During a divorce, you must not only thoroughly understand your personal assets, but every detail of your business assets as well.

How New York courts handle child custody

One element that fuels frustration and trepidation during divorce is child custody. Trying to come to terms with not having your children every day may seem too much to bear.

 In New York, if the court must determine child custody, it does so with the children's best interests in mind. Ideally, the couple will agree on what kind of legal and physical custody arrangements will work for their family. When it is impossible to reach an amicable resolution, it helps to understand how the courts may rule.


Anthony J. Cervi, Attorney at Law
43 Court Street
Buffalo, NY 14202

Phone: 716-262-8485
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