Divorce is associated with a wide range of significant family law issues, including child custody and division of property. However, one of the most important items to be aware of in a divorce is alimony. Though rare, alimony (also known as spousal maintenance), is designed to help a spouse who needs financial assistance maintain a similar quality of life after the divorce. Here is what you should know about this family law issue.

New York Alimony FAQ

How is alimony calculated?

Judges evaluate a wide range of factors to calculate alimony payments. Income, the health and earning capabilities of each spouse, property ownership, child-related expenses, and even health insurance may be considered.

How can alimony end?

Under New York family law, permanent alimony is quite rare and is usually only awarded for lengthy marriages or if a spouse is unable to support themselves. In these circumstances, alimony usually only ends when one spouse dies, or the recipient remarries. However, most alimony payments are durational—ending after a few months or years, depending on the length of the marriage.

Can you receive payments before the divorce is finalized?

Because divorce cases can often be drawn out over several months, New York allows the recipient spouse to file for “temporary maintenance” immediately after filing. Though not technically alimony, this can help separated spouses financially before the divorce.

How are payments made?

Most alimony payments are made monthly, though the court can determine alternative schedules. The paying spouse can set up a direct deposit or have income withheld from their wages and forwarded to their ex-spouse. Failure to make these payments can result in fines and additional legal consequences for the delinquent spouse.

If you need the help of a divorce attorney to navigate your family law concerns, contact Cheryl A Beverson, Attorney At Law, in Middletown, NY. With over 20 years of experience, this lawyer uses her wide range of experience to fiercely advocate for your interests. To learn more about her practice areas or to schedule a consultation, visit her online or call (845) 341-0008.