After a divorce, it’s commonplace for the financially independent spouse to make regular alimony payments to the financially dependent spouse. The primary purpose of this is to ensure the financially dependent spouse can retain the standard of living established over the course of the marriage. That said, alimony is also among the most hotly-contested divorce-related issues, which is why if you’re seeking alimony or being asked to pay it, you need a team of skilled Long Island family lawyers in your corner. Contact Sklavos Law Group, PC today so we can get started working on your case.
What Are the Types of Alimony in New York State?
In New York State, there are several types of alimony, also known as spousal maintenance, that a court may award depending on the circumstances of the divorce. These are as follows:
Temporary Maintenance (Pendente Lite): This type of alimony is awarded during the divorce proceedings to ensure the financially dependent spouse can maintain their standard of living until the divorce is finalized. Once the divorce is complete, temporary maintenance ends and may be replaced by post-divorce maintenance.
Post-Divorce Maintenance: Post-divorce maintenance is awarded after the divorce is finalized. Its purpose is to provide ongoing financial support to the dependent spouse for a specified period. The length of time is often determined by factors such as the duration of the marriage and the dependent spouse’s ability to achieve financial independence.
Rehabilitative Maintenance: This type of maintenance is designed to help the dependent spouse gain the skills or education necessary to re-enter the workforce and achieve self-sufficiency. It is typically awarded for a limited time to cover expenses such as tuition, training, or other career development needs.
Durational Maintenance: Durational maintenance is awarded for a fixed period and is typically tied to the length of the marriage. Its purpose is to provide support for the dependent spouse until they can become financially independent.
Non-Durational (Permanent) Maintenance: In rare cases, the court may award non-durational or permanent maintenance. This is generally reserved for situations where the dependent spouse is older, has health issues, or cannot achieve financial independence due to circumstances such as a long-term absence from the workforce.
How Do Courts Determine Alimony?
When determining alimony in New York, courts evaluate a variety of factors to ensure the award is fair and equitable. Some of the various factors that judges take into account are as follows:
The length of the marriage: Generally, longer marriages result in longer durations of spousal support.
Each spouse’s income and earning capacity: The court examines both current earnings and future earning potential to determine financial need.
The age and health of both spouses: Physical and mental health are critical factors in determining whether a spouse can support themselves.
The standard of living established during the marriage: Courts strive to allow the dependent spouse to maintain a comparable standard of living post-divorce.
Contributions to the marriage: This includes financial contributions, as well as non-financial contributions like homemaking or childcare.
The needs of the dependent spouse: The court assesses the dependent spouse’s financial needs, including housing, education, and medical expenses.
The ability of the paying spouse to meet their own financial needs: The court ensures that the paying spouse can support themselves while making alimony payments.
Whether one spouse delayed their career for the other: A spouse who sacrificed their career for the other’s education or job advancement may receive additional support.
The presence of any child support obligations: Child support payments are factored into the determination of alimony.
Any marital misconduct: While New York is a no-fault divorce state, certain forms of misconduct, such as the dissipation of marital assets, may be considered.
Every case is unique, which is why it’s crucial to have a team of knowledgeable alimony lawyers who can present evidence to support your financial interests.
When Can I Stop Paying Alimony in New York State?
The obligation to pay spousal support does not last forever and may end or change under specific circumstances. Here are the common scenarios in which spousal support can stop in New York:
Completion of the Court-Ordered Duration: If the court establishes a fixed term for spousal support, payments will cease once the specified period ends.
Remarriage or Cohabitation: If the receiving spouse remarries or cohabitates with another partner in a way that provides financial support, the paying spouse may petition the court to terminate payments.
Death of Either Spouse: Spousal support obligations automatically end upon the death of either party, though some agreements may include provisions for continued payments through an estate.
Significant Changes in Circumstances: If the paying spouse experiences a substantial reduction in income or the receiving spouse becomes financially independent, either party can request a modification or termination of the spousal support order.
Failure to Meet Rehabilitation Goals: If rehabilitative maintenance was awarded, payments may end once the receiving spouse completes the agreed-upon training or education program.
In some cases, spousal support may be extended if the dependent spouse can demonstrate a continued need, such as chronic illness or other extenuating circumstances. If you believe you have grounds to modify or terminate your spousal support obligation, don’t hesitate to reach out to a knowledgeable and skilled New York divorce attorney to guide you through the process.
Contact Our New York Alimony Lawyers
Here at Sklavos Law Group, PC we understand that the outcome of your case will likely affect your quality of life for years to come, which is why we are dedicated to effectively advocating for your interests at every turn. For assistance with any alimony issue, please don’t hesitate to contact our Long Island spousal support lawyers for comprehensive representation today.
