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?
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 in families with a combined annual income of less than $524,000. For couples that earn more than that, the court can order larger temporary payments than those calculated using the guidelines.
What factors are considered in awarding long-term alimony?
When determining if to award spousal maintenance — and, if so, how much and for how long — the divorce court weighs 20 factors identified in the New York Domestic Relations Law. Those factors are:
- The income and property of the parties, including marital property subject to equitable distribution
- The length of the marriage
- The age and health of the parties
- The present and future earning capacity of the parties
- The need of one party to incur education or training expenses
- The existence and duration of a premarital joint household or a pre-divorce separate household
- Acts by one party against another that have inhibited or continue to inhibit a party’s earning capacity or ability to obtain meaningful employment. Such acts include acts of domestic violence.
- The ability of the party seeking maintenance to become self-supporting and, if applicable, the period of time and training necessary to do so
- Reduced or lost lifetime earning capacity of the party seeking maintenance as a result of having forgone or delayed education, training, employment or career opportunities during the marriage
- The presence of children of the marriage in the respective homes of the parties
- The care of the children or stepchildren, disabled adult children or stepchildren, elderly parents or in-laws that has inhibited or continues to inhibit a party’s earning capacity
- The inability of one party to obtain meaningful employment because of age or absence from the workforce
- The need to pay for exceptional additional expenses for the child or children, including schooling, daycare and medical treatment
- The tax consequences of each party
- The equitable distribution of marital property
- Contributions and services of the party seeking maintenance as a spouse, parent, wage earner and homemaker, and to the career or career potential of the other party
- The wasteful dissipation of marital property by either spouse
- The transfer or encumbrance made in contemplation of a matrimonial action without fair consideration
- The loss of health insurance benefits upon dissolution of the marriage, and the availability and cost of medical insurance for the parties
- Any other factor that the court shall find to be just and proper
Can a New York court award permanent alimony?
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 914-908-6829 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, Carmel, Peekskill and Rye.