An Attorney Protecting Your Financial Interests In Alimony (Spousal Maintenance) Proceedings

In many divorces, one party is ordered to pay spousal maintenance (also known as alimony or spousal support) to the other.

If you are facing a divorce and have questions about spousal maintenance, the attorney at The Law Firm of Poppe & Associates, PLLC, can offer advice and provide advocacy on your behalf. She has extensive experience handling spousal maintenance and other collateral divorce issues for clients in New York County, Kings County, Bronx County, Queens County and Westchester County.

Understand Types Of Alimony And Determining Factors

In New York, there are two types of spousal maintenance or alimony:

• Pendente lite maintenance
• Durational (permanent or temporary) maintenance
  • Rehabilitative maintenance
  • Restitutional maintenance

Pendente lite (temporary) maintenance is paid during the pendency of the divorce up until a judgment of a divorce.

Permanent maintenance is a type of durational maintenance where the term, or duration, is not necessarily for a fixed period of time, but rather, ends upon some event such as:

• The remarriage of the spouse who is receiving permanent maintenance
• The death of the spouse who is paying permanent maintenance

Temporary durational maintenance may also be rehabilitative or restitutional in nature, as follows:

• Rehabilitative maintenance to offer the nonmonied spouse financial support while he or she re-transitions into the workforce.
• Restitutional maintenance to make up for one spouse supporting the other who was obtaining education or job training.

In determining spousal maintenance, the courts take a number of factors into consideration, including:

• The length of the marriage
• The conduct of the spouses during the marriage
• The income and earning potential of each spouse
• The age and health of each spouse
• The assets and debts of each spouse

Pendente lite maintenance (temporary maintenance) is determined by 13 factors, while durational or permanent maintenance is determined by 15 factors. For more information on these factors, please see DRL 236(B). For advice on ways to influence your case in your favor, consult with divorce attorney Kamelia “Mia” Poppe.

Is Alimony Automatic In New York?

Contrary to popular belief, alimony is not automatically granted in New York divorces. The state refers to alimony as “spousal maintenance,” and its award depends on various factors. New York courts aim to ensure fairness and financial stability for both parties post-divorce.

The process begins with determining if spousal maintenance is appropriate. Factors considered include the length of the marriage, each spouse’s income and future earning capacity, and the marital standard of living. The court also examines whether one spouse sacrificed their career for the family’s benefit such as taking care of the children or putting their spouse through school.

If maintenance is deemed necessary, the next step involves calculating the amount and duration. New York provides guidelines based on the payor’s income and the length of the marriage. However, judges  the discretion to deviate from these guidelines when circumstances warrant it.

It is worth noting that spousal maintenance in New York can be temporary or permanent. Temporary maintenance supports the recipient spouse during the divorce proceedings, while post-divorce maintenance may extend for a set period or, in rare cases, indefinitely.

Ultimately, the decision to award spousal maintenance lies with the court. Each case is unique, and outcomes can vary significantly based on individual circumstances. At Poppe & Associates, we can provide valuable insights into your specific situation and potential maintenance obligations.

Ways That Alimony Can Be Paid Out

In New York, alimony can be structured in several ways, depending on the circumstances of the divorce and any agreement reached by the parties involved. The most common method is through monthly payments, which provide a steady income stream for the recipient and can help ease the transition to financial independence. This method is beneficial for those who need ongoing support to cover living expenses or to complete educational programs to increase their earning potential. Monthly payments provide predictability for both parties.

Alternatively, alimony can be paid out as a one-time lump sum. This option might be preferable for those who wish to sever financial ties quickly and who have the means to make a large, upfront payment. A lump sum payment can provide immediate financial security to the recipient and can often simplify the post-divorce financial landscape for both parties.

Can A Spouse’s Behavior During Marriage Impact Alimony?

When it comes to divorce proceedings in New York, many factors can influence alimony decisions. One question that often arises is whether a spouse’s behavior during the marriage, such as infidelity or domestic violence, can affect alimony calculations.

In New York, the court generally does not consider marital misconduct when determining alimony, also known as spousal maintenance. The state follows a “no-fault” divorce system, which means that specific behaviors like cheating typically don’t directly impact alimony awards.

However, there are exceptions to this rule. In cases involving domestic violence, the court may take this into account when deciding on alimony. If the abusive behavior affected the victim spouse’s ability to be self-supporting, it could potentially lead to a higher alimony award.

While infidelity may not directly influence alimony calculations, other issues might. For instance, if a cheating spouse spent significant marital assets on an extramarital affair, the court might consider this when dividing property or determining alimony.

It is important to note that alimony decisions in New York are based on numerous factors, including each spouse’s income, earning capacity, age, health and the length of the marriage. While marital misconduct may not be a primary consideration, its indirect effects could still play a role in the final alimony determination.

Can Alimony Payments Be Modified Or Stopped?

In New York, alimony payments can indeed be modified or terminated under certain conditions. Modifications to the amount or duration of alimony payments typically occur when there is a significant change in circumstances for either party, such as a substantial change in income, remarriage of the recipient or changes in the cost of living. Termination of alimony may also occur if the court finds that the continuation of payments is no longer necessary, or in cases where the recipient remarries or cohabitates in a manner that constitutes an economic partnership. It’s important to talk with a lawyer if you’re considering seeking an alimony modification, or if your ex-spouse is seeking one.

Get The Answers And Direction That You Need

Whether you are seeking maintenance or your ex-spouse is seeking it from you, it is important to consult with an experienced spousal maintenance attorney. Mia is experienced in this area of family law and can protect your rights and interests.

Reach out to the firm online or call 646-665-3903 to request a free initial consultation with Mia, a well-regarded New York City attorney experienced in alimony and the division of property.