How is Spousal Support Determined in New York?

In New York, there are many types of spousal support, also known as alimony, that can be awarded. Alimony is designed to ensure both spouses can live a lifestyle similar to what they had throughout the marriage, so if you are the lower income-earning spouse, you may be eligible for alimony. Continue reading to find out more about how alimony is determined in New York.

Important Factors in Determining Alimony

In a divorce, there is more than one type of alimony that may be awarded. The main types are temporary, permanent, and rehabilitative alimony. Temporary alimony is awarded during the divorce process and will either end when the process is over or continue when the judge creates a permanent award. Permanent alimony is not necessarily permanent. The length of time is based on the duration of the marriage, the discrepancy in income between spouses, and the health and ability of the receiving spouse to maintain gainful employment. Lastly, rehabilitative alimony is also a form of temporary support that is designed to help the receiving spouse get the proper training and education to enter the workforce after a divorce.

Below are some of the factors a judge will examine to determine alimony:

  • The age and health of each spouse
  • Child support payments
  • The duration of the marriage
  • The present and future income-earning capacity of each spouse
  • The standard of living the spouses had during their marriage
  • Contributions the receiving spouse made to the household
  • If a spouse hid assets or property
  • Child-related costs, including daycare, schooling, and medical expenses
  • Other important factors that should be considered

Generally, alimony is paid periodically, usually monthly, but it is possible for spouses to agree on another arrangement. If the receiving spouse remarries or lives with a new partner, however, alimony will likely be terminated.

Speak to an Experienced Family Law Attorney About Your Divorce Case Today!

Alimony can be an important stepping stone after a split, so if you are ending your marriage, now is the time to secure the knowledgeable guidance of a skilled legal professional. At Arnel Law Firm, our family law team is committed to guiding clients through some of the most challenging legal matters. You can rely on us to secure the best possible results for your case, so you can begin a bright new chapter in your life.

Reach out to our law office today at (718) 550-3024 to set up a free consultation with a member of our team.