If you are divorcing, you may be ordered to pay alimony, or you may be entitled to receive it. As such, it’s important to understand how long you may be obligated to pay or receive this type of financial support. Please continue reading to learn whether New York courts offer permanent alimony and how an experienced Nassau County Alimony Lawyer can help guide you through these complex matters.
What Factors Will the Courts Consider When Awarding Alimony in New York?
Alimony, also known as spousal support or maintenance, is a court-ordered payment from the spouse who earns more to the spouse who earns less following a divorce. This financial support is intended to help the lower-earning spouse maintain the lifestyle they have become accustomed to during the marriage.
It’s important to understand that a lower-earning spouse will not automatically receive alimony. They must petition the court. A judge will evaluate numerous factors to determine whether alimony should be paid, how much should be paid, and how long it will last. The following includes but is not limited to some of the factors the court will wonder when awarding alimony:
- The duration of the marriage
- The age and health of each party
- The standard of living the couple established during the marriage
- Property division
- Tax consequences for each party
- The income and earning potential of each party
- Whether or not one spouse is financially dependent on the other
- If one party sacrificed their career to support the other
- Whether or not it would take education or training for the other spouse to get a job
- Any other relevant factors
Does New York Have Permanent Alimony?
Unlike other types of alimony, permanent spousal support doesn’t have a specific time limit for when it will expire. Permanent alimony is often referred to as “non-durational” alimony. This means that the judge has not set a date that the payments will cease. However, this doesn’t necessarily mean that the financial support will be provided for the duration of the recipient’s lifetime. There are instances in which permanent alimony can be modified or terminated.
How Do New York Courts Decide the Duration of Alimony?
In New York, there is no set length of time that alimony will last, as each couple’s circumstances are unique. Alimony can be ordered:
- For 15-30% of a marriage that lasted between 0 to 15 years
- For 30 to 40% of a marriage that lasted between 16 to 20 years
- For 35 to 50% of a marriage that lasted 20 years or more
If alimony is a contentious issue in your divorce, please don’t hesitate to contact a determined Nassau County alimony lawyer from the Law Offices of Eyal Talassazan, P.C., who can help protect your rights and interests.
