How Long Does Alimony Last in New York?
Accomplished Long Island divorce lawyer handles spousal maintenance issues
The duration of an alimony obligation is a key concern whether you expect to make or receive payments following your divorce. So how long will your alimony last in New York? The Long Island attorneys at Bryan L. Salamone & Associates, P.C., can advise on your particular situation once we discuss your case with you. We have extensive experience negotiating and litigating favorable spousal maintenance terms for our clients.
How long do most alimony payments last?
Temporary maintenance, which is intended to help the recipient spouse financially during divorce proceedings, ends when the final divorce decree is issued. Post-divorce maintenance is generally ordered for a predetermined length of time, usually while the recipient spouse gains the skills and experience required to support themselves financially. In many cases, the court will employ a formula set forth in the spousal maintenance guidelines to establish the amount and duration of post-divorce payments. The duration of the obligation is tied to the length of the marriage as follows:
- Marriages lasting fewer than 15 years — Alimony obligation lasts for 15-30 percent of the marriage’s duration.
- Marriages lasting between 15 and 20 years — Alimony obligation lasts for 30-40 percent of the marriage’s duration.
- Marriages lasting more than 20 years — Alimony obligation lasts for 35-50 percent of the marriage’s duration.
Some post-divorce alimony does not have a predetermined end date and may be paid for a lifetime. Our Long Island alimony lawyers are resolute in pursuing fair decisions when it comes to payment duration and amount.
Factors used in calculating alimony duration in New York
When the parties’ income exceeds the maximum amount covered within New York’s spousal maintenance formula, or an adjustment to the calculation result might be warranted, the court can consider a variety of factors in determining alimony amount and duration, such as:
- Length of the marriage
- Age and health of spouses
- Each spouse’s current income and future earning capacity
- The standard of living during the marriage
- How the recipient spouse contributed to the household or the other spouse’s career
- What education or training the recipient spouse needs to become self-sufficient
As attorneys who stand up vigorously for our clients, we’ll make every effort to ensure that accurate information is used and that the court is fully aware of the issues that merit consideration.
Can spousal maintenance in New York be permanent?
It is not common for spousal maintenance to be permanent, but it can be if the judge believes the circumstances call for it. A judge might order permanent alimony to be paid to a spouse who is elderly, disabled or has another legitimate reason for being unable to support themselves. Whether you are disputing your spouse’s request for permanent maintenance or seeking open-ended payments, we will review the facts and advocate for an appropriate resolution.
Reasons alimony might end early
Alimony may end earlier than initially determined if the recipient spouse remarries or cohabitates with a new romantic partner. A significant change in income of the payer or recipient spouse can also end or modify maintenance payments. The death of either former spouse will also terminate maintenance obligations. Depending on the circumstances, you may need to file a modification request with the court for payments to end, which our law firm can assist you with.
How marital agreements impact alimony in NY
A prenuptial or postnuptial agreement can be used to specify alimony terms in case of a future divorce, including how long payments will be made. Spouses can also agree to conditions that determine whether spousal maintenance can be paid at all. We draft valid marital agreements to help clients interested in avoiding alimony or limiting its scope should their marriages end. Additionally, if you are divorcing and you signed an agreement with your spouse that addressed alimony, we can examine it to assess its validity.
Contact our Long Island law firm for reliable legal support
The Long Island divorce attorneys at Bryan L. Salamone & Associates, P.C., will answer your questions about New York spousal maintenance law and how it might affect the duration of payments in your case. From there, we can represent you in negotiations or litigation on this issue or any other dispute associated with your breakup. To set up a free consultation, call 631-388-6009 or contact us online.