When a couple decides to dissolve their marriage, they must prepare themselves for the challenges they will have to face. This includes ironing out critical issues such as issues of child custody, child support, property division, and alimony. Alimony, also known as spousal support, is a court-ordered payment that provides dependent spouses with financial support. Generally, the higher-earning spouse is ordered to pay alimony to the lower-earning spouse. Alimony is not automatically granted. Therefore, the court will examine many factors to decide whether or not to award a spouse alimony. With that being said, many couples wonder whether alimony payments are dependent on the length of the marriage. Keep reading to learn whether a judge will consider the length of your marriage when determining an alimony order and discover how our determined Rockland County Alimony Attorney can help you through this process. In addition, please continue to follow along to learn whether the duration of alimony payments is dependent on the length of the marriage.
Does the length of marriage affect alimony payments?
In New York, alimony amounts are calculated through the use of a statutory formula. However, a judge has the discretion to decrease or increase the award if the guideline amount is above the cap of $175,000. To decide whether alimony is appropriate, the judge will look at several factors including the length of the marriage, each spouse’s age and health, each spouse’s earning capacity, each spouse’s financial obligations, each spouse’s contribution to the marriage, etc.
Furthermore, when it comes to the duration of this type of financial support, it depends on the length of the marriage. With that being said if the length of your marriage lasted 0-15 years, the support should last between 15 and 30% of the years married. If you were married for 16 to 20 years, the support should last between 30 and 50% of the years married. If you were married for more than 20 years, support should last 35 and 50% of the years married. Generally, the court will consider many factors when calculating an alimony award. However, the duration of alimony payments is dependent on the length of the marriage. It is important to note that alimony typically terminates when the recipient remarries. In some cases, exceptions may apply if the divorce agreement requires alimony to continue after remarriage. If you are awarded permanent alimony, the duration of maintenance will depend on the length of the marriage.
If you are divorcing, you need a skilled and knowledgeable Rockland County alimony attorney on your side. Divorce is an overwhelming legal process. Don’t navigate this process alone. Allow our team to fight on your behalf to achieve a favorable result. Our firm is prepared to represent your interests today!