Throughout a marriage, there are many life circumstances that can leave spouses in different financial standings. This is often seen when one parent defers their career in order to support their family from home. When these couples find themselves in situations of divorce, one spouse may still be financially dependent on the other. It is because of this that the court may order alimony. These are payments made by an independent spouse to the dependent spouse to provide them with stability. If you are seeking alimony in a divorce case, it is important to retain the services of an experienced New York divorce attorney for help.
Types of Alimony
Every divorce can be different from the one before that. It is because of this that there are different types of alimony available. The one that is ordered for a couple can vary depending on the circumstances of their relationship. In New York, the following types of alimony are available:
- 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 put 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.
How is Alimony Determined?
There are many cases in which one spouse does not want to support their former partner after a divorce. It is because of this that the court determines if alimony is necessary and what is owed in payments. In order to make this decision, the court considers the following matters relating to the family:
- 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
Contact our Firm
The Law Office of Peter L. Jameson, PLLC understands the harsh implications of relocation can have on a child and his or her parents. When you have a contested relocation matter, it is important to have an experienced attorney to represent you in court. If you are faced with a relocation matter in Rockland County, contact The Law Office of Peter L. Jameson, PLLC today to schedule a consultation.
