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Alimony in New York State


Alimony payments are important to consider in any divorce. Alimony is a husband or wife’s court-ordered provision for a spouse after a divorce, and it is more likely to be paid by the spouse who earns more money.  Furthermore, alimony is typically for marriages that lasted several years. In a divorce situation, it is also common that you and your spouse would agree to a price and length of time in which the alimony would be paid. The purpose of alimony is to make certain that each person can live a similar lifestyle as they did when they were in a marriage.

Alimony in New York State   

As for alimony in New York, it is referred to as “maintenance.” The various types that are available are temporary, fixed time/durational, and permanent/lifetime maintenance.

Temporary maintenance is paid while the divorce case is being settled in court. This maintenance ensures that the spouse’s needs and living situations are both satisfied. Additionally, this ends when an order is mentioned by a judge. When computing this maintenance in New York, the court uses a statutory formula based specifically on the income of each spouse. As they use a specific formula, they maintain a professional and consistent perspective.

Fixed time/durational maintenance, in contrast, requires the court to grant rehabilitative support, allowing improvement of employment potential. This support may also supply stay-at-home parents with custody of small children until the children reach a proper age.

Lastly, permanent/lifetime maintenance is provided to the spouse indefinitely after the divorce occurs. This type of maintenance ends when either of the spouses passes away or remarries. To calculate permanent/lifetime maintenance, there is no assigned formula. Instead, the court considers income and property, the length of the marriage, age and health, additional child-related costs, and any other factor of each spouse that the court believes is important for the decision.

Simonetti & Associates- Divorce Site

If you are searching for a Long Island Spousal Maintenance Attorney to further explain the New York Alimony Law, our team at Simonetti & Associates is an excellent resource. Having Served Long Island for more than 29 years, we are eligible to provide negotiation and litigation which will lead to fair awards. At the same time, we offer free consultations to discuss alimony concerns in Nassau and Suffolk County. Here at Simonetti & Associates, we truly strive to provide affordable, high-quality legal counsel. Please contact Simonetti & Associates online or call (877) 385-2560 if you are beginning a divorce or are unhappy with your current attorney.