One of the most contentious issues divorcing parties face is alimony. If you are financially dependent on your spouse, you may be entitled to receive this type of financial support following your divorce. However, depending on the unique circumstances of your case, your ex may be ordered to pay it for a finite period, or it could be ordered on a more permanent basis subject to certain triggering events that would end it. Please continue reading to learn whether New York courts award permanent alimony and how a proficient Suffolk County Alimony Attorney can help guide you through these complex matters.
What Factors Will the Courts Consider When Awarding Alimony?
Alimony, also referred to as spousal support or maintenance, is a court-ordered payment that one spouse provides to the other following a divorce to ensure they can maintain the lifestyle they became accustomed to during the marriage. This type of financial support is intended to provide a financially deepened spouse with the opportunity to become financially independent after their separation.
There are various myths and misunderstandings regarding alimony. One of the many misconceptions is that the lower-earning spouse will automatically receive alimony during the divorce. However, this is not always the case. In New York, alimony is decided on a case-by-case basis. A judge will review the matter before determining if a spouse should receive funds, how much the payments should be, and how long they will last.
- The duration of the marriage
- The age and health of each party
- The standard of living the couple had while married
- The distribution of marital assets and debts
- The income and earning potential of each party
- Tax consequences that either party could face
- Any other relevant factors
Does New York Offer Permanent Alimony?
Alimony arrangements follow a specific procedure. Generally, the longer the marriage, the more significant the alimony award. In New York, alimony can be ordered:
- For 15 to 30% of a marriage that lasted 15 years or under
- For 30 to 40% of a marriage that lasted between 16 to 20 years
- For 35 to 50% of a marriage that lasted 20 years or more
Depending on the unique circumstances of your case, you may only require temporary alimony. This type of alimony only lasts until the divorce is finalized. However, you may receive alimony for an extended period after signing the divorce agreement, depending on the duration of your marriage. Permanent alimony is not usually offered unless a dependent spouse has a chronic illness or disability or is at an age that prevents them from becoming financially independent. In these circumstances, alimony would end when either spouse dies or remarries.
If you have concerns regarding long-term alimony, please don’t hesitate to contact The Law Offices of Susan A. Kassel, P.C., as our legal team is prepared to help explore your legal options and advocate for your interests. Allow our firm to zealously represent you today.
