Understanding Alimony (Spousal Maintenance) in New York State

Alimony or spousal maintenance is a financial agreement between two spouses that provides financial support from one spouse to the other. This allows them to meet their expenses and maintain a standard of living that is similar to the one they established during the marriage. Spousal maintenance won’t automatically be granted in New York because not everyone will qualify for it. New York courts consider various factors before making a decision. This article is an overview of how spousal maintenance works to help you better understand the process.

Alimony laws in New York State 

Both the amount and duration of alimony are determined on a case-by-case basis. The court will consider several factors when deciding whether or not to award alimony. Some of the factors that the court considers include the following:

• Each spouse’s financial income and financial need. The receiver of alimony must demonstrate a financial need for alimony while the other spouse demonstrates the ability to pay.
• Each spouse’s standard of living. If the recipient spouse can’t maintain the same standard of living that they enjoyed during the marriage post-divorce without support, that spouse may be eligible for spousal maintenance payments.
• Each spouse’s age and health. Each spouse’s age and health will play a role in the court’s spousal support decisions. A spouse might qualify for support if they cannot work due to health issues or are nearing retirement.
• Length of the marriage. Courts favor marriages that last longer when it comes to alimony payments. The longer you are married, the more likely it is that you will be awarded spousal support.
• The tax consequences to each spouse.

Another consideration is the dissipation of assets. For instance, if one spouse wastes marital assets in the lead-up to the divorce or transferred ownership of a marital property as an underhanded tactic to shortchange you, the court can consider such things when determining the amount of spousal support.

Types of alimony in New York 

New York has two forms of alimony. This includes temporary maintenance which is issued during the divorce process and post-divorce maintenance which is issued after the divorce is finalized. Temporary maintenance is known as pendente lite maintenance. This type of support is awarded during the divorce process to ensure that a less moneyed spouse can maintain their financial stability while the divorce is ongoing. Pendente lite maintenance is awarded when an individual shows an actual financial need for alimony, and the paying spouse demonstrates the ability to pay.

Talk to a Rockland County divorce attorney today

If you believe you should be receiving alimony, call the Rockland County divorce lawyers at the Law Office of Robert S Sunshine and schedule a consultation to determine what you will need to prove to receive alimony payments.