Will I Receive Alimony After a New York Divorce?
If one spouse is financially dependent on the other, the dependent spouse may be awarded alimony in the event of a divorce. If you are getting divorced, you may have a lot of questions regarding alimony. Read on to learn more.
What Types of are Awarded in New York?
Every divorce is different. As a result, there are different types of alimony. The main 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.
How is Alimony Determined by a Court?
There is a lot that goes into determining alimony. A New York court will have to determine whether alimony is necessary. If they deem it necessary, they will then have to determine the amount, frequency, and duration of payments. In order to make this decision, the court will take the following factors into account:
- 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
If you have any questions about alimony in New York, reach out to our experienced firm to speak with a skilled and dedicated divorce attorney.
Contact our Firm
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