An important part of divorce law is a spouse’s right to alimony. When one spouse makes significantly less income than the other, sacrifices their career or education for the benefit of the marriage, or makes other contributions to the relationship, the court may require that they be paid financial support during and after the divorce. Understanding the different types of alimony is important for anyone going through a divorce in New York. For more information and representation, reach out to a Suffolk County alimony lawyer today.
What is Alimony?
Alimony, also referred to as spousal support or spousal maintenance, is a financial arrangement where one spouse is required to provide financial support to the other during and after a divorce. The general purpose of alimony is to help the lower-earning spouse maintain a similar standard of living to the one they enjoyed during the marriage or to help them acclimate to their new financial standing. However, there are several types of spousal support that can be awarded, so it is important to be aware of your rights and options.
What Are the Different Types of Alimony in NY?
New York law recognizes several different types of alimony, each designed to serve a different purpose. The state generally divides spousal support into two categories: temporary and post-divorce maintenance.
Temporary maintenance, sometimes referred to as “pendente lite,” is awarded during the process of divorce, before the final judgment has been issued. This type of alimony requires the higher-earning spouse to provide financial support to the lower-earning spouse during the separation or while the legal proceedings are taking place. It ensures that both parties can continue to meet financial needs while the divorce is in progress and allows the lower-earning spouse to afford legal counsel and representation. The obligation expires upon the final divorce decree.
Post-divorce maintenance includes durational and non-durational alimony. Once the divorce is finalized, the judge may impose a new support order to continue providing financial support for one spouse. Durational alimony is the most common type of support and lasts for a set period of time. It is awarded based on the length of the marriage, the income of each spouse, and each spouse’s needs and ability to pay.
Non-durational alimony is often called “permanent” maintenance. There is no specific end date for the paying spouse’s obligation, and it is generally only awarded when it is unlikely that the receiving spouse will ever be able to become completely self-sufficient. This alimony is awarded by taking into account the spouses’ ages, health, earning capacity, contributions to the relationship, the length of the marriage, and more. This type of financial support will continue indefinitely and will only be altered or terminated if there is a significant change in either spouse’s circumstances that warrants an adjustment.
To learn more about your legal rights and options regarding alimony, reach out to a skilled lawyer today.
