What are the Different Types of Alimony in New York State?
Alimony is a regular payment that one spouse makes to the other either during the divorce proceedings or after the divorce has been finalized. In New York, alimony payments that are made while a couple is divorcing are referred to as spousal support. Alimony payments that are made after the divorce has been finalized are known as spousal maintenance. The purpose of alimony payments are to ensure that one spouse has enough time to become self-sufficient and self-supporting. In this article, the Rockland County, New York divorce attorneys at the Law Office of Robert S. Sunshine will explore the different types of alimony New York has to offer and how they are calculated.
There are two types of alimony in New York
In some other states, there are various forms of alimony. In New York, there are only two. Those are temporary maintenance (or spousal support) and post-divorce maintenance (or spousal maintenance).
- Temporary maintenance – Also referred to as pendente lite maintenance, this type of alimony is awarded while divorce proceedings are underway. It stops once a final judgment of divorce has been entered. An award of temporary maintenance is based on actual spousal need and is established by statutory guidelines that help to determine the amount needed.
- Post-divorce maintenance – This type of alimony is paid after the final divorce decree is entered. The payments are generally determined by the length of the marriage and consider the income of both spouses. Statutory guidelines dictate how much alimony an individual will receive post-divorce.
Ultimately, the courts can award alimony both during and after the divorce.
Calculating spousal maintenance in New York
When the court awards alimony, a statutory formula is used to calculate the amount of alimony to be awarded. The formula allows the courts to remain consistent with their alimony determinations and avoid the appearance of bias. However, judges do have the authority to award alimony outside of the statutory guidelines, but first, it must be established that the statutory calculation of alimony is unjust or unfair.
When deciding how much alimony to award a spouse, the court considers the income of the paying spouse and whether or not that spouse is also paying child support. Other factors that the judge will consider include:
- The age and health of both spouses
- The present and future earning capacity of both spouses
- Educational or training expenses the spouse can use to become self-sufficient
- Whether or not the recipient spouse has been awarded child support
- Whether one party dissipated (or wasted) assets during the divorce
- Whether or not one spouse missed educational opportunities for the marriage
- Availability and cost of benefits such as health insurance
- The distribution of marital assets and the potential income earned by selling that property
Talk to a Rockland County, NY Divorce Attorney Today
The Law Office of Robert S. Sunshine represents the interests of spouses who are seeking alimony in their divorce. Call our Westchester County family lawyers today to schedule an appointment, and we can begin addressing your concerns right away.
