Proving Income for Alimony in the Big Apple

Former New York City Mayor, Rudolph W. Giuliani, filed for divorce and set off a rancorous battle, in part, over how much income the former Mayor actually makes. Proving his income is important for determining her alimony and can be a tough question in the Big Apple.

income divorce big apple

It’s up to you New York

In caustic legal proceedings the couple has battled over many things like kitchen renovations, splurges of $7,131 on fountain pens and $12,012 on cigars. But the primary issue is Mr. Giuliani’s current income.

His wife believes that Mr. Giuliani left his law firm, Greenberg Traurig, in 2018, a month after the divorce was filed, and chose to work for President Trump pro bono in order to reduce any future alimony.

Mr. Giuliani earned $7.9 million in 2016 and $9.5 million in 2017, funding the couple’s roughly $230,000 a month lifestyle. In 2018, the year he began working for the president, Mr. Giuliani’s earnings dipped to $6.8 million, and he has suggested that this year’s income will be well below that.

Mr. Giuliani now gives his wife $42,000 a month, as well as covering other bills, including the carrying costs for their properties, as ordered by Judge Katz in February. Mrs. Giuliani must pay for the landscaping at their home in Southampton.

Mrs. Giuliani says she had no choice but to take him to court, to prove what he is actually worth financially and to get what she believes she is fairly entitled to.

Florida Alimony

I’ve written about the very public circus-like Giuliani divorce before, and on the subject of alimony in Florida. In every Florida dissolution of marriage case, the court can grant alimony to either party – husband or wife.

Not many people realize there are several types of alimony in Florida: bridge-the-gap, rehabilitative, durational, or permanent alimony.

Florida courts can also award a combination of alimony types in a divorce. Alimony awards are normally paid in periodic payments, but sometimes the payments can be in a lump sum or both lump sum and periodic payments.

In determining whether to award alimony or not, the court has to first make a determination as to whether a wife or a husband, has an actual need for alimony, and whether the other party has the ability to pay alimony.

Proving the ability to pay is one of the central issues in the Giuliani divorce right now because his income dropped right before he filed for divorce. Typically, courts consider any type of earned income or compensation — that is, income resulting from employment or other efforts — along with recurring passive income, such as dividends on your investments, in establishing the amount of support you will be responsible to pay.

In Florida, once a court determines there is a need and the income available to pay alimony – sometimes referred to as the ability to pay alimony – it has to decide the proper type and amount of alimony. In doing so, the court considers several factors, some of which can include:

  • The standard of living established during the marriage.
  • The duration of the marriage.
  • The age and the physical and emotional condition of each party.
  • The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each.
  • The earning capacities, educational levels, vocational skills, and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate.

But, after establishing a need for alimony, how much income is there to determine ability to pay?

Life in the Big Apple

Mrs. Giuliani said in an interview.

“I feel betrayed by a man that I supported in every way for more than 20 years, I’m sad to know that the hero of 9/11 has become a liar.”

But to hear Mr. Giuliani’s circle and his legal team tell it, Mrs. Giuliani’s endgame tactics are merely an extension of her personality, which they have not and do not describe kindly.

They portray her as being a social climber through marriage, someone who rose from her background as a nurse by marrying twice, before meeting the mayor of New York City.

And once she found her third husband, Mrs. Giuliani was accused of pushing her new husband’s children and many of his nearest friends away in an effort to control him.

“She has put 20 years into this relationship,” said her friend Andrea Ackerman, a real estate agent from whom she has purchased six homes. “She is not folding. Not this time, uh-uh.”

If there is one regret for Mr. Giuliani as his life once again upends in public, it is that his personal problems end up ensnaring the people around him, he said in an interview:

“Everybody’s life around you is being disrupted. You get the pain of that, but also you get the satisfaction of what it means to be in public office — they don’t. There is a certain amount of guilt in that.”

The New York Times article is here.