Couples go through a divorce in order to separate their lives from one another. While this may be their intent, it is not always possible to have a clean break. There are many cases in which a household only has one income, leaving spouses in an unfair financial situation after a divorce. These situations may call for court-ordered financial support from one spouse to another. This is known as alimony or spousal maintenance. Individuals who wish to receive alimony should retain the services of an experienced New York divorce attorney for assistance.
Types of Alimony
In New York, there are different types of alimony that can be awarded to a couple depending on their personal situation. This can include the following:
- Permanent alimony: This stays in effect indefinitely or until there is a change in a former spouse’s circumstances. It can be awarded based on the duration of the marriage. If the marriage lasts up to 15 years, alimony can be awarded for 15 to 30% of the duration. If it lasts between 16 and 20 years, the payments may be between 30 to 50% of the duration. Marriages that last 20 years or more can see between 35 to 50% of the duration.
- Rehabilitative alimony: This can be awarded to a dependent spouse when they put off their career to support their partner so that they can receive the education or training they need to get back into their field.
- Reimbursement alimony: This can reimburse a spouse if they financially support their partner while they are pursuing education or training.
What Should I Provide my Attorney if I Want Alimony?
When a spouse wants alimony payments after a divorce, they should speak with an attorney to see if they are eligible. If so, it can be beneficial to provide the attorney with the following documentation:
- A history of the interruptions in education or career to benefit the spouse
- A history of the interruptions in education or career to raise children
- Full educational background
- Work history, including the names of employers, dates of employment, duties, pay, and why they left
- Any pensions or other benefits lost due to the interruption of career to benefit the marriage
- Health history
- Monthly living expenses as well as anticipated future expenses
- A list of the debts for both spouses
- The income of both spouses
Contact our Firm
Matters of divorce and family law should be navigated with the guidance of an experienced attorney. If you need strong legal representation regarding matters of divorce, family law, and estate law, contact the Law Offices of Susan A. Kassel, P.C. to schedule a consultation today.