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New York Alimony

New York courts grant alimony, also known as maintenance, during divorce proceedings when it is necessary to make the dissolution agreement equitable.

Either party may be eligible for alimony in New York.

Each spousal support order is based on the needs and situations of the parties to the case. Generally, financial situation and the duration of the marriage are factors of significance in deciding who receives alimony.

The court also decides the duration of support, which can be modified based on change of circumstances. Death of either party or remarriage by the recipient is grounds for immediate termination of alimony. Other changes in circumstances may also warrant modification of a support agreement.

Support payments may be deducted from federal taxes, and the recipient must pay income tax on the payments.

Types of Alimony

In New York courts may order temporary, short- and long-term alimony. Temporary alimony is granted at the discretion of the court during the divorce proceedings and before the final decree. Short-term alimony may be granted to allow the receiving party time to gain necessary skills. Long-Term, or permanent, maintenance may be granted to a spouse who has significant needs, and is usually reserved for lengthy marriages.

Factors Considered by the Court

In New York alimony is discretionary. According to the Consolidated Laws of New York - Domestic Relations Laws - Article 13 - Sections: 236, the court orders temporary or permanent maintenance one case-by-case basis after considering:

  • any income or assets of the parties including the property award;
  • the length of the marriage and the age and health of the parties;
  • the earning potential of both parties;
  • If and how long it would take the party seeking support to become self-supporting;
  • reduced or lost lifetime earning capacity;
  • the presence of children of the marriage in the respective homes of the parties;
  • the tax ramifications;
  • 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;
  • any dissipation of assets;
  • any transfer or encumbrance made in contemplation of a matrimonial action without fair consideration; and
  • any other factor which the court shall expressly find to be just and proper.

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