Alimony is often a hotly contested matter in New York divorces. If you are facing a divorce and have concerns about your alimony determination, it’s in your best interest to connect with an experienced Suffolk County Alimony Attorney. Please continue reading as we explore the different types of alimony available in New York.

What is Alimony?

Alimony, also known as spousal support or maintenance, is a monetary payment made from one spouse to another during or after a marital separation or divorce. It’s designed to help a lower-earning spouse maintain a reasonable standard of living. Essentially, it aims to prevent unfair economic consequences of a divorce.

It’s important to understand that alimony is not automatically awarded to the lower-earning spouse. You need to petition the court and demonstrate your need for financial support, as well as the other party’s ability to provide it. Even then, the court considers various factors when deciding if your situation justifies an alimony award, including:

  • The length of the marriage
  • The age and health of each party
  • The income and earning capacity of each party
  • The standard of living established during the marriage
  • The contributions each party made to the marriage (financial and domestic)
  • The dependent spouse’s need for education or training to become self-sufficient
  • The state of the job market at the time of the divorce
  • Child support obligations
  • Any tax consequences
  • Any other factors deemed relevant by the court

What Are the Different Types of Alimony That Can Be Ordered in New York?

In New York, alimony can be awarded in the form of temporary support or post-divorce maintenance. The specific type of alimony awarded in your case depends on the unique circumstances, including the duration of the marriage, the incomes of each party, and their financial needs. Spousal support can be ordered:

  • For 15 to 30% of marriages that lasted 15 years or less
  • For 30 to 40% of marriages that lasted between 16 to 20 years
  • For 35 to 50% of marriages that lasted 20 or more years

The state recognizes several distinct types of alimony. Temporary maintenance is commonly awarded during a divorce to provide immediate financial assistance until a final settlement has been reached. This type of support automatically terminates upon the issuance of a final divorce judgment. It provides an economically disadvantaged party with funds to meet their basic needs during the divorce process.

Another common type is rehabilitative alimony. This is awarded when one spouse sacrifices their career to support their spouse. It may be ordered to enable a dependent spouse to receive education or training so they can re-enter the workforce and become self-sufficient. Reimbursement or restitutive alimony is awarded to compensate one party for the financial contributions they made to the marriage.

While less common, permanent alimony is awarded after the divorce is finalized. It can remain in effect either for life or until either spouse has a substantial change in circumstances, such as remarriage or cohabitation.

At The Law Offices of Susan A. Kassel, P.C., we are prepared to help you navigate this complex process and explore your legal options. For more information, contact our office today.