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What Factors into Alimony Decisions in New York?

Alimony, also known as spousal support or spousal maintenance, is often paid by one spouse to another during or after a divorce. Many factors are considered when determining the alimony amount for New York couples that are deciding to end their marriage:

What is alimony?

Alimony refers to court-ordered payments that are put in place to help support one member of a couple during or after a divorce. In New York, a spouse can be awarded temporary maintenance during the divorce proceedings, as well as long-term or permanent alimony payments after the divorce is finalized.

How are alimony payment amounts decided upon?

To best determine how much spousal support is needed, a judge will assess the financial status of both members of the divorcing couple. Factors that contribute to the need for alimony and the total amount of each payment can include the duration of the couple’s marriage, the earning abilities of each spouse, whether one spouse left or scaled-back at work to raise children and each partner’s recurring expenses. For example, if one partner has sacrificed earning potential so that children can be raised and the other spouse can increase his or her income, alimony may be awarded to compensate for time spent away from one’s profession.

What contributes to the duration of alimony payments?

When deciding the duration of alimony payments, a judge will consider the employment and income status of both partners, and each spouse’s ability to support themselves financially. Following, the judge will award alimony to one spouse for a time period he or she believes is fair to both partners. Alimony in New York can be court ordered for a limited period of time, or can be awarded as permanent support that ends only if one person dies or if the spouse receiving the payments gets remarried.

To learn more about alimony and spousal support, consult an experienced Long Island divorce lawyer with Bryan L. Salamone & Associates today.

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