For many couples, one of the most frustrating parts of filing for divorce is alimony. The paying spouse may believe the payments ordered by the court are too high, while the recipient spouse may believe they are too low. As such, this process can be difficult to navigate. However, this can be even more complicated when taking the different types of alimony the court can order into consideration. If you’re unsure what the different outcomes of this process are, you’ll want to keep reading, as the following blog explores what you should know about these difficult matters. In addition, you’ll learn why working with a Long Island alimony lawyer is in your best interest during this contentious time.
How Is Spousal Support Determined in New York?
First and foremost, it’s important to understand that alimony is not automatically awarded to the lower-earning spouse, despite popular belief. If a party wishes to receive alimony from their spouse, they must petition for it when filing, and the court must examine several factors before determining whether or not to award payments. Some factors include, but are not limited to, the following:
- The income of each spouse
- The earning capacity of each spouse
- If one spouse left the workforce to support the other
- If a spouse requires education or training to re-enter the workforce
- The state of the job market at the time of divorce
- Any other facts the court deems relevant
Are There Different Types of Alimony the Court Can Order?
In addition to determining if alimony should be awarded, you’ll find that the judge assigned to the case is also responsible for determining what kind of spousal support the recipient should get. Typically, in New York, there are two different options. The first is temporary alimony, which is awarded to a spouse when a divorce petition is filed and lasts until the divorce decree has been finalized. The primary objective of temporary alimony is to help support the recipient spouse during the divorce so they may become self-sufficient.
In other instances, however, the court can award post-divorce maintenance, which functions as typical alimony. This will be included as part of your divorce decree and means that you will receive alimony payments following the finalization of your divorce. Typically, post-divorce alimony lasts a predetermined time. For marriages that lasted up to 5 years, the general guidelines are that payments should last up to 30% of the length of your marriage, while longer marriages of up to 20 years may receive alimony for up to 40% of the duration of their marriage. Ultimately, however, it is up to the discretion of the judge to determine payments.
As you can see, there are many considerations that must be made when determining if alimony should be awarded. As such, it is in your best interest to connect with an experienced attorney to discuss your legal options during these times, regardless of whether or not you are a recipient or paying spouse. At the Law Offices of Jay D. Raxenberg, our firm understands how overwhelming these matters can be. Contact us today to learn how we can fight for you.
