Alimony is among the most hotly-contested divorce-related issues, but it’s something virtually every divorcing couple will have to settle. That said, if you’re getting a divorce, you’re likely wondering how courts determine alimony and whether you’ll receive it or be expected to pay it. Continue reading and reach out to a knowledgeable New York divorce lawyer from Lacy Katzen LLP to learn more. Here are some of the questions you may have:
What is alimony, and why is it awarded in NYS?
Alimony, also called spousal maintenance in New York, is money one spouse pays to the other to ensure financial stability after a divorce. The goal is for the financially dependent spouse to retain the standard of living established during the marriage. In New York, courts typically award alimony when there is a large income or earning-capacity gap. Importantly, the goal of alimony isn’t to punish one spouse, but to help the lower-earning spouse eventually transition toward financial independence.
How do courts in New York calculate the amount of alimony?
New York has a formula that is used to determine how much alimony a spouse will receive in a divorce, but importantly, courts will consider a variety of factors that may deviate from this formula. For example, courts will factor in unusual medical expenses, child care costs, or if one spouse already pays significant child support. Additional things courts will consider when determining alimony include:
- The length of the marriage
- The health of both spouses
- Both spouses’ earning capacity
- The standard of living established during the marriage
- Whether the couple has children together
- Present financial resources and the potential earning ability of both spouses
Courts will also consider non-financial contributions when determining alimony, such as time spent raising children, managing the home, or sacrifices like leaving school or passing up promotions to support the marriage.
Since determining alimony typically isn’t cut-and-try, it’s important to have a knowledgeable attorney in your corner who can effectively represent you and safeguard your interests.
How long does alimony last in New York State?
The duration of alimony typically corresponds with the duration of the marriage. Here’s how it works in New York:
- Marriages of 0-15 years: maintenance typically lasts 15-30% of the marriage length.
- 15–20 years: 30-40%.
- Over 20 years: 35-50%.
That being said, there are certain circumstances that can shorten or extend payments. Some examples include:
- Serious illness or disability
- Retirement
- Inability to become self-supporting
- Job loss
- A significant financial windfall
- Remarriage
If you have any further questions about spousal maintenance in New York, or you require the services of a knowledgeable and dedicated New York family lawyer, please don’t hesitate to contact Lacy Katzen LLP for a free consultation today. We stand ready to effectively represent you and ensure your interests are protected both during and after your divorce.
