Alimony may be awarded during some divorces to ensure that a lower-earning spouse is not left financially destitute after the marriage comes to an end. Divorced couples may wonder if alimony is permanent or how long the obligation will last. Spousal support laws will vary depending on the state you are in so speak with a Suffolk County alimony lawyer for assistance in your New York divorce.
What is Alimony?
Alimony is state-mandated spousal support that one spouse pays to the other after a separation or divorce. One spouse may require additional financial support for a variety of reasons. Alimony is typically required when there is a significant gap between the earning capacity of each person. The divorce should not cause a serious decline in the living standards of either party, so alimony is awarded to even the financial statuses of both the lower-earning spouse and higher-earning spouse.
Is Alimony Ever Permanent?
Various types of alimony can be awarded depending on the circumstances of the marriage and while some may last indefinitely, a New York court will not require permanent spousal support without conditions.
The following are examples of types of alimony that can be ordered by a New York court after divorce.
- Temporary: Temporary alimony is typically ordered by the court for the duration of the divorce process. When a couple separates one spouse may not be able to afford to support themselves during that time so alimony will be awarded. However, it usually ends when the divorce becomes final or a new alimony agreement is agreed upon.
- Rehabilitative: This alimony may be awarded after a divorce while the lower-earning spouse works to increase their earning capacity by furthering their education or training for a new career.
- Reimbursement: During marriage spouses tend to make sacrifices for each other and for the good of their family. Reimbursement alimony may be ordered by a court if one spouse contributed to the other’s education or left their job to raise children or take care of the home.
- Lump sum: Lump sum alimony can apply to some types of spousal support. Instead of one spouse making monthly payments for however many years, the total amount can be awarded in one payment.
- Permanent: While this type of alimony is often referred to as permanent, indefinite would be a more accurate description. This type of spousal support is ordered by the court with no specified end date. It may be awarded due to the length of the marriage, or the age and health of the receiving spouse. In New York, permanent alimony can end if the recipient starts living with a new partner or remarries.
All of the above types of alimony terminate immediately upon the death of either spouse and all but permanent alimony will have an end date set by the court. Although a spouse may owe their former partner alimony indefinitely some caveats can cause the obligation to be terminated. Speak with your attorney for more information.
