How is Alimony Determined During a New York Divorce?

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How is Alimony Determined During a New York Divorce?

If you are getting divorced in New York, you likely have a lot of questions. Many people wonder about alimony, also known as “spousal support.” Read on to learn more about alimony in New York.

What is Alimony?

There are many situations in which couples are left in different financial standings after a divorce. When this happens, the court may require alimony. Alimony is payments that are made from an independent spouse to the dependent spouse to provide them with financial stability. 

What are the Different Types of Alimony in New York?

Every relationship is different, as a result, there are different types of alimony. These types are as follows:

  • Permanent alimony: This alimony lasts either indefinitely or until there is a change in circumstances. The length of payment can be based on the duration of the marriage. Marriages that last up to 15 years may see alimony for 15 to 30% of the duration. If the length is between 16 and 20 years, the payments may be between 30 to 50% of the duration. If it lasts 20 years or more, it may be between 35 to 50% of the duration.
  • Rehabilitative alimony: Spouses who hold off their own careers to support their family may be awarded alimony so that they can receive the education or training they need to get back into their field. 
  • Reimbursement alimony: If one spouse supports their partner financially while they pursued certain education or training, this temporary alimony can be ordered to reimburse them.

How is Alimony Determined?

When it comes to alimony, the court will have to determine whether alimony is necessary. If alimony is deemed necessary, the court will then have to determine the amount, frequency, and duration of alimony payments. In order to do this, the court will examine some of the following factors:

  • Income and property
  • Child support obligations
  • Child custody arrangements
  • The ages of both parties
  • The health of both parties
  • Each party’s earning capacity
  • The dependent spouse’s need for education or training
  • The dependent spouse’s deferred life goals
  • If there are any tax consequences
  • Caring for family members

If you have any questions or concerns about alimony in New York, our firm is here to help. Reach out today to speak with an experienced divorce attorney.

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I hired Susan to represent me in a divorce matter where I was fighting for custody and to limit my wife's equitable share of our assets. I won custody of our son, kept the marital residence, kept my professional practice, kept my building and paid less than half to my wife. This was after a long-term marriage. She could persuade the court that equitable is not equal and sometimes the man does deserve to win!

‐ Dave

I first must say that I had been represented by two prior attorneys both of whom had simply taken my money and left me nothing to show for it in my custody case. They kept telling me what they were doing for me but I found out they were lying. Susan on the other hand had gotten me temporary custody and support for my children and myself within two months of hiring her. I cannot say enough about her.

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After talking to a few other attorneys, I hired Susan to represent me in my divorce and custody dispute. I was reluctant to go with her because she was the cheapest out of all the other attorneys I met with, but I'm so glad I did. I am 100% positive no one else would have done such a great job with my case as Susan and her staff. Her work is quality, her staff is reliable and her character is honorable. There...

‐ Linda

I had a very difficult case where I had already burned through two attorneys who were unable to get me custody of my children and complete my divorce. Susan was able to rapidly work out an agreement and not let it just malinger on like my previous experiences. She was also considerate of my financial situation unlike all of the other lawyers I had spoken to. I highly recommend her if you want complete and caring service with an in-depth knowledge of...

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