For couples divorcing in New York, alimony is a crucial issue to consider. The term “alimony” is no longer used in New York. One spouse pays the other either spousal support or maintenance in New York. This money is paid by the higher-earning spouse to the other for a specified time. In New York, spousal support or maintenance are available depending on the case’s specific circumstances. In this blog post, we will discuss the different types of spousal support available in New York and how they work. Read on to learn more about spousal support and maintenance in the Empire State.
New York’s Spousal Support or Maintenance
Two types of spousal maintenance are available in New York: temporary and post-divorce. Temporary maintenance is called spousal support. This money is paid to a spouse after the divorce begins and continues until it is final. The court awards this type of support when a spouse shows actual financial need. In situations where need is demonstrated, the amount of support will be based on statutory guidelines.
On the other hand, after the divorce is final, one spouse who is a higher-earner than the other may be required to pay post-divorce maintenance to the other. This maintenance is usually based on the marriage’s duration and the incomes of each party. Post-divorce maintenance comes in two forms: durational spousal maintenance and permanent spousal maintenance. Durational spousal maintenance is a set amount paid by one spouse to the other for a fixed period of time, while permanent spousal maintenance lasts until either party dies or the recipient remarries.
The court can award either or both temporary and post-divorce maintenance. However, in most cases, it won’t grant both types of alimony at once. Many courts are more likely to award post-divorce maintenance if the parties have been married for a long time. It is not required that any maintenance or support be paid in every case.
How Is Temporary Spousal Support Calculated?
In New York, courts are bound to calculate temporary spousal support by using a statutory formula. However, the judge has the discretion to deviate from the guidelines if the guideline support would be unfair or incorrect in some way.
Several factors go into the determination of the amount of temporary support, including whether the spouse who pays will also pay child support and the amount of each party’s income. If the judge awards temporary support, that award will make no difference in whether post-divorce maintenance is awarded. When the divorce is final, temporary support ends.
How Is Postdivorce Maintenance Calculated?
The courts in New York use a standard, computable formula for a suggested payment for postdivorce maintenance. Judges can change this and modify the proposed amount if the formula results in an unfair amount. Judges may consider a broad range of factors, including:
- Each party’s health
- The parties’ ages
- Each party’s earning capacity, present and future
- Each party’s tax consequences
- Standard of living established during the marriage
- If one party needs training or education to become self-supporting
- Loss of payee’s income due to giving up a career during the marriage
- The cost of child-related care
- Any unfair transfers or wasting of marital property
- Marital contributions from the payee to the payor
- Equitable distribution of marital property
How a New York Divorce Lawyer Can Help
Working with an experienced New York divorce lawyer can help alleviate some of the stress associated with divorce proceedings and increase your chances of a fair outcome. A skilled attorney can guide you through the alimony process, help you understand your rights and responsibilities under the law, represent you in court, and protect your interests.
Contact a New York Divorce Attorney
At The Mandel Law Firm, our experienced attorneys are well-versed in the laws surrounding alimony in New York and have a history of successfully litigating cases for our clients. Contact us today at (646) 770-3868 to set up an initial legal consultation.