Spousal support, commonly referred to as alimony and sometimes spousal maintenance, is an amount of money paid from one ex-spouse to another after the termination of a marriage. Spousal support is a key issue that must be resolved in any legal separation or divorce. If you are currently going through a divorce and are either seeking alimony or being asked to pay it, please don’t hesitate to contact a skilled Long Island alimony lawyer from the Law Offices of Jay D. Raxenberg P.C. today.
Alimony Lawyer Serving all of Long Island
Few things are more important than ensuring your financial security after a divorce. Here at the Law Offices of Jay D. Raxenberg P.C., we have decades of experience representing clients facing alimony-related issues, and we stand ready to put that experience to work for you as well. Speak with a seasoned Long Island divorce lawyer from our firm for assistance.
Types of Alimony
In New York State, alimony is categorized into several types, each serving a specific purpose in the financial arrangement between ex-spouses. These types include:
- Temporary Maintenance (Pendente Lite): This form of alimony is awarded during the divorce process to provide financial support until the court finalizes the divorce. The goal is to ensure that the spouse with fewer financial resources can maintain a reasonable standard of living while proceedings are ongoing.
- Post-Divorce Maintenance: Awarded after the divorce is finalized, post-divorce maintenance provides long-term or permanent support based on the financial circumstances and needs of both parties. The duration and amount are determined by various statutory guidelines and the court’s discretion.
- Rehabilitative Maintenance: This type of alimony is granted to help a spouse become self-sufficient. It is often awarded when one party needs financial support to gain education, training, or work experience to enter or reenter the workforce. Rehabilitative maintenance typically has a specified end date.
- Durational Maintenance: Unlike permanent support, durational maintenance is awarded for a set period and aims to assist the receiving spouse in transitioning to a financially independent life. The duration usually depends on the length of the marriage and other relevant factors.
- Non-Durational (Permanent) Maintenance: This form of alimony is less common and generally reserved for long-term marriages where one spouse is unable to achieve self-sufficiency due to age, health, or other significant factors. It continues until the death of either party or a substantial change in circumstances.
Factors Considered When Determining Alimony in NY
When determining whether to award alimony and, if so, the amount and duration, New York courts take several critical factors into account. These factors are designed to ensure a fair and equitable financial arrangement. They include:
- The length of the marriage.
- Each spouse’s age and health.
- The income and property of both parties, including marital and separate assets.
- The present and future earning capacity of each spouse.
- The need of one spouse to incur education or training expenses to become self-supporting.
- The existence and duration of a pre-marital joint household or financial dependency.
- The standard of living established during the marriage and the impact on each party.
- Any sacrifices one spouse made, such as career opportunities given up, to support the other spouse’s career or education.
- The care of minor children and the impact on the custodial parent’s ability to work.
- Contributions one spouse made as a homemaker or in supporting the other spouse’s career.
- The tax consequences of the alimony award for both parties.
- The wasteful dissipation of marital assets by either spouse.
- Any history of domestic violence or conduct inhibiting the earning capacity of the recipient.
- Any other factor the court deems just and proper under the circumstances.
When Does Alimony End in NYS?
Alimony payments do not continue indefinitely and can end under several circumstances in New York. These conditions are as follows:
- Expiration of the court-ordered duration: When a judge specifies a set term for alimony payments, support ends once that period has elapsed.
- Remarriage of the receiving spouse: If the recipient remarries, the obligation to pay alimony typically terminates automatically.
- Death of either party: Alimony ends upon the death of either the paying or receiving spouse, unless otherwise stipulated in the divorce agreement.
- Significant change in circumstances: If the paying spouse experiences a substantial change in financial status, such as job loss or disability, they may petition the court to modify or terminate the alimony order.
- Self-sufficiency of the receiving spouse: If the receiving spouse becomes financially independent or reaches a point of self-sufficiency, the court may order an end to alimony payments.
Contact a Nassau County Alimony Lawyer
If you require alimony or are being asked to pay it, having the right legal representation in your corner is paramount. Fortunately, if you’re reading this, you’ve come to the right place. Contact a knowledgeable and skilled Long Island alimony lawyer from the Law Offices of Jay D. Raxenberg P.C. for a free initial consultation today.
