There are many marriages in which one spouse is financially dependent on the other. This tends to be the case in the event that one spouse has an income and the other does not. It is because of this that, in situations of divorce, the court may require alimony. These are payments made from the independent spouse to the dependent spouse for a period of time in order to provide them with stability after the divorce. If you are seeking alimony in a divorce, it is important to contact an experienced New York divorce attorney for assistance.
Types of Alimony
As not all marriages are the same, there are different types of alimony suited for different relationships. The amount that may be ordered in addition to how long the payments last can vary. The types of alimony that may be awarded in New York can include the following:
- Permanent alimony: This remains in effect either for life or until either spouse has a change in circumstances. It is awarded based on the length of the marriage. Marriages that last up to 15 years may be awarded for 15 to 30% of the duration. Between 16 and 20 years, the payments may be awarded for 30 to 50% of the duration. For marriages that last 20 years or more, it may be awarded between 35 to 50% of the duration.
- Rehabilitative alimony: If one spouse postpones their career in order to support their partner, this may be ordered so the dependent spouse can receive the education or training they need.
- Reimbursement alimony: If one spouse financially supports their partner while they were pursuing education or training, this alimony can reimburse them.
How is Alimony Determined?
Divorce proceedings come with many mixed and sometimes hostile emotions. When this happens, spouses may be against supporting their former partner after the divorce. It is because of this that these decisions are left to the court. In order to determine the amount and length of alimony, the court considers the following factors:
- Income and property
- Child support obligations
- Child custody arrangements
- The ages of both parties
- The health of both parties
- Each party’s earning capacity
- The dependent spouse’s need for education or training
- The dependent spouse’s deferred life goals
- If there are any tax consequences
- Caring for family members
Contact our Firm
Peter V. Mandi, Esq. is an experienced divorce and family law attorney located in Bohemia, New York. Our firm understands the impact a divorce can have on your life. If you require strong and dedicated legal representation in Long Island, New York, please do not hesitate to contact Peter V. Mandi & Associates, Inc. today.