Overview of New York Spousal Maintenance Laws
Alimony covers two types of situations in a New York divorce case:
- Temporary Maintenance intended to support one spouse during divorce proceedings; and,
- Post-Divorce Maintenance, which is the amounts paid to one spouse after the case concludes.
Generally, the goal of alimony is to ensure that the lower earning spouse can live in relative comfort and in a lifestyle reasonably similar to the pre-divorce situation. However, New York State law offers more specific guidelines that a court may use to determine spousal support, including:
- The age and health of each spouse, as it relates to the ability to earn a living;
- The length of the marriage;
- Each spouse’s income;
- Division of marital assets;
- Whether one spouse gave up employment or education opportunities to contribute to the household and family; and
- Other considerations.
These factors provide guidance to a Schoharie County Family Court judge, both in determining whether alimony is appropriate and the amount. However, the court may deviate from the statutory parameters in the interests of fairness. Note that gender is not a consideration in spousal maintenance decisions.
When circumstances change, either spouse can request a modification of spousal support. An increase in the recipient’s income or decrease in the payor’s salary are common examples where it may be appropriate to modify alimony. In any event, the spousal maintenance obligation ends if the recipient gets remarried or resides in a cohabitation arrangement, or upon the death of either party.
Schoharie County Alimony Attorneys Put Your Needs First
Spousal maintenance disputes may be tough, but our lawyers at The Colwell Law Group, LLC are prepared and equipped to take on the challenges. Family law is our core practice area, so you can feel confident that we will apply our knowledge and experience to fighting for your rights in an alimony dispute. Please give us a call at 518-864-0564 or visit our website to schedule a confidential consultation. We are happy to explain your options in more detail after reviewing your circumstances.