New York Divorce FAQs - Alimony
This is about alimony after divorce in New York, including
when courts order alimony, how the amount of alimony is set in New York,
and how and when New York courts stop alimony once it's awarded.
is from Steven Abel, the DivorceInfo Network Lawyer
for New York. Click here for information on him.
When does alimony get paid?
Upon agreement or divorce.
How does the court decide how
The court must take
into account the financial circumstances of both parties, including their
reasonable needs and means. The court must also consider the paying spouse's
present and anticipated income, the benefiting spouse's present and future
earning capacity, and both parties' standard of living. Maintenance is
designed to give a spouse economic independence and should continue only
so long as required to render the recipient self-supporting, and it should
also provide an appropriate incentive to become financially independent.
The pre-separation standard
of living provides the standard for permanent alimony payments, if the
other spouse has the financial ability to maintain it. However, support
need not be based upon the pre-separation standard, when the parties have
lived beyond their means during the marriage. The parties' post-divorce
financial circumstances should be given greater weight.
In determining whether spousal
maintenance should be permanent (lifetime) or durational, the courts consider
such factors as the length of the marriage, the age, health, education,
and employment experience of the recipient spouse, and whether there are
young children at home. In fixing the amount of support that the court
will award, it must also take into consideration debts and obligations.
What does it take to
The agreement of the
parties; or a substantial change in the financial circumstances of either
party, such as the employment situation of the recipient spouse, or payor
spouse; or the re-marriage of the recipient spouse
When does alimony stop?
Upon agreement of the
parties, the death of the payor, or remarriage. Maintenance is designed
to give a spouse economic independence and should continue only as long
as required to render the recipient self-supporting.
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