Alimony, also known as spousal support, may be paid to a financially dependent spouse in the event of divorce. The goal is to ensure that both spouses continue to meet the standard of living that was agreed upon during the marriage. But, this can be a complex process. Read on to learn about the different types of alimony and how alimony arrangements are determined in New York.
Types of Alimony
There are three main types of alimony awarded in New York. Depending on the details of your marriage, you may be awarded:
- 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 Does a Judge Determine Alimony?
Because a couple’s finances are so intertwined, it can be difficult to make decisions regarding alimony. For example, a judge will first decide whether alimony should be awarded. If it is awarded, he or she will have to determine the amount, frequency, and duration of the payments. In order to do this, a judge will examine the following:
- 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
If you are getting divorced in New York, our firm is here to help. Reach out today to speak with an experienced and dedicated attorney.
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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.