Alimony, also known as spousal maintenance, is a significant concern for many individuals going through a divorce. Whether you are the one expected to pay or the one relying on these payments, understanding how long alimony lasts is critical. If you are preparing for divorce in Rochester or anywhere in New York, knowing how long you might be required to pay alimony can help you plan for your future. Continue reading and reach out to a Rochester divorce lawyer from Lacy Katzen LLP to learn more. Here are some of the questions you may have:
What Factors Determine the Duration of Alimony in New York?
New York courts consider various factors when deciding how long alimony should last. One of the primary factors is the length of the marriage. Generally, the longer a couple has been married, the longer the alimony payments will continue. The court follows general guidelines but has the discretion to adjust the duration based on the circumstances of the case.
According to New York’s spousal maintenance guidelines, the suggested duration of alimony is often based on a percentage of the marriage length:
- Marriages lasting up to 15 years – Alimony may be ordered for 15% to 30% of the marriage’s duration.
- Marriages lasting between 15 and 20 years – Payments may continue for 30% to 40% of the marriage’s length.
- Marriages lasting more than 20 years – The duration could be 35% to 50% of the marriage’s length.
However, these are just guidelines. The court will also consider each spouse’s earning potential, health, age, financial resources, and whether one spouse sacrificed career opportunities to support the marriage. In cases where one spouse is unable to become self-supporting due to age or health, the court may order payments to continue indefinitely.
Can Alimony Be Modified or Terminated Early?
Yes, in some situations, alimony payments can be modified or even terminated before the scheduled end date. If there is a significant change in either spouse’s financial situation, the paying spouse may petition the court for a modification. Common reasons for modifying alimony include job loss, a substantial decrease in income, or an unexpected financial hardship.
Additionally, alimony typically ends if the receiving spouse remarries or begins cohabitating with a new partner in a marriage-like relationship. Cohabitation must be proven with evidence showing a shared household and financial interdependence. The paying spouse can request a court review to determine if alimony should be terminated based on the new circumstances.
If you have questions about spousal maintenance in New York or need guidance on your divorce case, speaking with a knowledgeable family lawyer is essential. Every situation is unique, and legal advice tailored to your specific circumstances can help you make informed decisions about your future.
