ALIMONY

Alimony Assistance in New York

WORKING FOR A FAIR OUTCOME IN YOUR 
NEW YORK ALIMONY CASE

Alimony, also known as spousal maintenance, may be short term; to help an ex-spouse get on his or her feet financially after a divorce, or the court may order long-term or even permanent payments. Lauren B. Abramson, Esq. represents those seeking alimony as well as those being asked to pay it.

WHAT IS TEMPORARY SPOUSAL MAINTENANCE?

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Temporary spousal maintenance is financial support paid while the divorce proceedings are pending. It is intended to help the dependent spouse maintain the status quo until the divorce is final. New York has guidelines that apply a formula to calculate the amount of temporary spousal maintenance that should be paid by a spouse with an income up to $178,000. For a spouse who earns more than $178,000, the court can order higher temporary payments than those calculated using the guidelines.
WHAT FACTORS ARE CONSIDERED IN AWARDING POST-DIVORCE ALIMONY?

New York also have guidelines that apply a formula to calculate the amount of alimony/maintenance that should be paid by a spouse with an income up to $178,000 and provides the court 15 Factors for Post-Divorce Maintenance to determine if maintenance should be paid by a spouse on income earned over $178,000. The factors are also used by the court to determine how long he maintenance award will be paid. The court my also consider the Advisory Schedule for Duration of Award. 

15 FACTORS FOR POST-DIVORCE MAINTENANCE
  • the age  and health of the parties; 
  • the present or future earning capacity of the parties, including a history of limited participation in the workforce; 
  • the need of one party to incur education or training experience; 
  • the termination of a child support award before the termination of the maintenance award when the calculation of maintenance was based upon child support being award which resulted in a maintenance award lower than it would have been had child support not been awarded; 
  • the wasteful dissipation of marital property, including transfer or encumbrances made in contemplation of a matrimonial action without fair consideration; 
  • the existence and duration of a pre-marital joint household or a pre-divorce separate household; 
  • acts by one party against another to have inhibited or continue to inhibit a party's earning capacity or ability to obtain meaningful employment. Such acts include by are not limited to acts of domestic violence as provided in section four hundred fifty-nine-a of the social services law;
  • the availability and cost of medical insurance for the parties; 
  • the care of children or stepchildren, disabled adult children or stepchildren, elderly parents or in-laws provided during the marriage that inhibits a party's earning capacity; 
  • the tax consequences to each party; 
  • the standard of living of the parties established during a marriage; 
  • the reduced or lost earning capacity of the payee as a result of having foregone or delayed education, training, employment or career opportunities during the marriage; 
  • the equitable distribution of marital property and the income or imputed income on the assets so distributed; 
  • the contributions and services of the payee as a spouse, parent, wage earner and homemaker and to the career or career potentials of the other party; and
  • an other factor which the court shall expressly find to be just and proper. 
CAN A NEW YORK COURT AWARD PERMANENT ALIMONY?
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A court can award permanent maintenance, but the award will terminate upon the death of either party, upon the alimony recipient’s remarriage or upon a modification by the court. Whether you are paying or receiving alimony, the attorney and staff at the law offices of Lauren B. Abramson can help you seek a modification of the alimony order in your case.

CALL A WHITE PLAINS DIVORCE ATTORNEY TODAY FOR ADVICE ABOUT ALIMONY
Lauren B. Abramson, Esq. assists you in securing alimony or defending you against unreasonable alimony demands. Our office is across from Saxon Woods Park, between the Hutchinson River Parkway and the New England Thruway. Office hours are from 9 a.m. to 6 p.m. Monday through Friday. Call us at 914-908-5877 or online today to schedule a consultation. We serve clients throughout Westchester and Putnam counties, including White Plains, Harrison, New Rochelle, Bedford, Armonk, Bronxville, Larchmont, Mamaroneck, Somers, Croton-on-Hudson, Peekskill, Rye, and Carmel.
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