The Two Types of Alimony in New York
Temporary alimony (‘Pendente Lite’) is spousal maintenance that is sometimes awarded early on in the separation process. More specifically, temporary maintenance can be awarded when a divorce case is still pending. In many cases, New York family law judges will award this type of alimony after the examination of each party’s standard of living. This alimony award will last only until the divorce proceedings are finalized.
Post-divorce spousal maintenance is awarded after the divorce case is complete. Of course, alimony will not be awarded in every case. The party who is seeking spousal maintenance must be able to show good cause that they are legally entitled to alimony. Post-divorce maintenance can last indefinitely, and the duration and amount of the award will always depend on the specific facts of the case at hand.
The Factors that Affect Alimony Awards in New York
As a general rule, spousal maintenance is designed to help support the partner who is in an economically disadvantaged position. Alimony awards are adjusted to fit the circumstances of each divorce case. Under the New York Domestic Relations Law (DRL §236B(6)(E)(1)), Montgomery County family law judges are empowered to consider a wide array of factors when determining alimony awards. Some of the most important factors include:
- The length of the marriage;
- The health and age of each party;
- The present and expected future earning capacity of each party;
- The standard of living that was established during the marriage;
- Reasonable needs for education or employment training; and
- Any other factor that the court deems to be relevant to craft a just alimony award.
As so many different factors can be considered, disputes over alimony awards have the potential to become heated and protracted. Your rights must be protected. If you are seeking alimony or defending against a request for alimony, it is imperative that you seek assistance from an experienced Montgomery County spousal maintenance attorney.
Contact Our Montgomery County Alimony Attorneys Today
At The Colwell Law Group, LLC, our New York alimony lawyers have extensive experience handling complex family law cases. To get assistance with your alimony dispute, please do not hesitate to contact our team today to set up a fully confidential case evaluation. We represent clients throughout Montgomery County, New York, including in Amsterdam, Minden, Fort Plain, Palatine, and Mohawk. We look forward to assisting you.