Divorce Alimony in New York

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Divorce entails the fulfillment of definite legal formalities as per the laws and rights of the concerned state. Every state has its own set of rules and regulations while resolving all issues between the divorcing spouses. Similarly, even in New York, each resident who is seeking for divorce should first make himself or herself aware with latest laws and rights. There are several matters that are sorted before the final separation between the partners. The divorce alimony in New York is one of those crucial issues that is settled as per the requirements of the recipient and several other factors. One of the two divorcing partners is meant to do the payment of specific amount to the other partner after being separated at legal basis. This spousal support basically helps the recipient to maintain his or her standard of living even after being departed from respective partner. In New York, no gender biased decision is ordered by the court. However, some specific factors such as duration of the marriage, contribution of each spouse during the marriage, source of income, self dependency, etc., are considered in prior before finalizing any decision regarding the alimony.

History of New York Alimony

An amendment was made to the New York Domestic Relations Law in 1980. This was a part of the Equitable Distribution Law. It was applicable in all proceedings begun on or after July 19, 1980. As per this law, maintenance was defined as payments for an indefinite or definite duration so that the reasonable requirements of the party in the matrimonial action are fulfilled.

In 1986, the maintenance provisions of the law were amended. This was concerning the preclusion of permanent maintenance awards regarding older homemakers in the following circumstances.

  • The marriages were of long duration.
  • The homemakers had the responsibility of minor children.
  • The homemakers had sacrificed employment chances, as they gave priority to the needs and maintenance of the family.
The 1986 amendment created a new basis for the award of maintenance. It removed the clause "standard of living where practical and relevant." This was replaced by the clause "standard of living of the parties established during the marriage for reasonable needs." Due to this, it became the objective of the court to retain the standard of living of both the spouses during post divorce.

Types of Alimony in New York Some specific alimony types are granted in this state, and it entirely depends upon the circumstances that lie between the divorcing individuals. These alimony types are:

Restitution Alimony

  • This is granted for a limited period of time.
  • The recipient gets the payments till he/she is pursuing education or enhancing vocational skills.
Rehabilitative Alimony
  • This is for a temporary duration.
  • The objective is that the recipient must work towards the goal of being self supportive in his or her life.
Permanent Alimony
  • This is disbursed to arrange for payments of clothing, housing, food and other provisions of the recipient.
  • When a spouse requests for this alimony, it is essential to prove the requirement of a specific amount of money.
  • After this alimony is awarded, it has to be paid indefinitely or till there is an alteration in the circumstances of the spouse.
Determination of Divorce Alimony in New York

The judge contemplates on the following issues prior to the declaration of alimony:

  • The chances of the spouses to attain income and assets in the future
  • Any special requirements of the spouses
  • Debts and assets of the partners
  • Employability and vocational skills of the divorcing parties
  • The various sources of income of each spouse
  • Occupations of the partners and the income derived from it
  • The health and age of both the spouses
  • The contribution of each spouse during his or her marital life
  • The duration of marital life

Features of New York Alimony

  • Alimony payments might terminate on remarriage of the recipient or the death of the payer or as per an agreement made by both the spouses.
  • The intention of spousal support is to offer economic independence to the recipient and the payments continue only as long as the recipient is not self dependent.
  • There may be a modification in the alimony payments as per an agreement between both the parties or alteration in the financial conditions of the spouses (for example, the employment conditions of both the spouses).
Divorce alimony in New York is finalized only after considering the recipient's need and some factors as decided by the state laws and rights.

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