While no two New York divorces are the same, alimony or spousal support is a common issue that comes up in many New York divorces. If the court handling your divorce decides to award alimony to either you or your spouse, it generally means that one spouse will have to pay the other spouse a certain amount of money each month on a temporary or permanent basis.
Types of alimony
The purpose of alimony is to provide a spouse with financial support as they get used to life after their marriage. If a court decides to award alimony, it will need to decide which type of alimony. New York courts will generally one of three types of alimony:
- Temporary: Paid only during the divorce process.
- Rehabilitative: Paid to lesser-earning or stay-at-home spouse who needs additional time to acquire additional job skills and/or education to find new employment.
- Permanent: Paid in cases involving longer marriages, large income discrepancies between spouses, and/or cases where one spouse cannot work due to health reasons.
Factors for alimony
Courts will consider several factors when determining which spouse is entitled to alimony (the payee spouse), as well as the type, duration, and amount of alimony awarded. Some of these factors include:
- Length of the marriage
- current income levels, and health of each spouse
- Education, job skills/experience, and earning potential of each spouse
- Needs of spouses’ children (if any)
- Whether the spouse was prevented from working due to domestic violence
To find out more about how alimony may impact your divorce, contact a divorce and family attorney in your area.
