New York Law on Spousal Maintenance
There are two types of alimony in a New York divorce case:
- Temporary Maintenance, which is designed to assist one spouse financially while the divorce case is pending; and,
- Post-Divorce Maintenance, referring to the financial support one spouse receives after the divorce case concludes.
In general, the point is to establish a balance between the income and needs of each spouse, and to ensure the lower earning spouse enjoys a lifestyle that is reasonably similar to that which existed before the divorce. However, there are more specific provisions under New York State law. Under recent changes that took effect in January 2016, the formulas for calculating temporary and post-divorce maintenance are the same. Factors include:
- The duration of the marriage;
- Income and property owned by each spouse;
- The age and health of each spouse;
- Present and future earning capacity;
- Where minor children live;
- The ability of the spouse seeking alimony to become self-sufficient in the future;
- How marital property is divided in the divorce case;
- The contributions that the spouse seeking spousal maintenance made to the household, as a parent, and to the career opportunities of the other party; and
- Other considerations.
Note that the statutory formula is intended to be a guideline, so a Herkimer County Family Court may deviate if it finds the spousal maintenance amount to be unfair.
Modifications of Spousal Maintenance
Either spouse may request a modification of alimony if there is a change in circumstances that impacts the individual paying or receiving spousal maintenance. For instance, if the payor loses his or her job, or the recipient’s income increases, there may be grounds for a modification.
Maintenance ends by operation of law upon the death of either spouse or remarriage of the recipient spouse. In addition, alimony terminates if the recipient is residing with another person and the pair hold themselves out to be in a marital relationship.
Herkimer County Attorneys Fighting for Your Rights
At The Colwell Law Group, LLC, our lawyers will protect your rights whether you are the spouse paying alimony or the one receiving it. We can explain your options in more detail after reviewing your case, so please give us a call at 518-864-0564 or visit our website to schedule a confidential consultation.
