Am I Eligible for Alimony in New York? | What to Know

When a couple gets married, their finances become intertwined. Therefore, when you get divorced, you and your spouse will have to work to separate your finances. Alimony is a factor in many marriages and involves one spouse providing financial support to the other spouse in order to help him or her become financially independent after the marriage. Read on to learn more about alimony eligibility in New York.

How is alimony determined by a judge?

In order to determine whether you should be awarded alimony and subsequently the amount of alimony you should be awarded, a New York judge will consider the following:

  • 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

What types of alimony can be awarded in New York?

The circumstances of your marriage will help determine the type of alimony you are awarded. The type of alimony you are awarded will then determine the duration of your alimony arrangements. The types of alimony awarded in New York include:

  • Permanent alimony: This stays in effect either indefinitely or until a change occurs in either party’s circumstances. It can be ordered based on the duration of the marriage. A marriage that lasts up to 15 years may see alimony for 15 to 30% of the duration. Between 16 and 20 years, the payments may be ordered between 30 to 50% of the duration. For marriages that last 20 years or more, it may be between 35 to 50% of the duration.
  • Rehabilitative alimony: This alimony may be ordered if one spouse puts off their career in order to support the family. This is so that the dependent spouse can receive the education or training they need. 
  • Reimbursement alimony: If one spouse financially supports their partner so that they may pursue education or training, this alimony can reimburse them.

If you are getting divorced in New York, you will need an experienced divorce attorney on your side. Contact our firm today with any questions or concerns you may have. Our firm is here to walk you through the process every step of the way.

Contact Our Rockland County Firm

If you are faced with a family law matter in Rockland County, contact The Law Office of Peter L. Jameson, PLLC today to schedule a consultation.