In the domain of family law, alimony is a court-ordered form of financial support, in which one spouse makes payments to the other spouse before or after a separation or divorce. This is typically done to ensure the lesser-earning spouse can maintain the quality of life they enjoyed when they were married. In New York, alimony is called spousal maintenance. Here’s what you should know about the state's different types of spousal maintenance and how long these payments typically last.

Types

There are three kinds of alimony in New York. The first is temporary, which is awarded on a short-term basis, usually during the divorce process. Once the details of the divorce agreement have been decided upon, the alimony arrangements outlined in the agreement will replace the temporary alimony. A family law judge will determine the amount a spouse receives.

Rehabilitative maintenance is designed for spouses who have considerably lower income or employability than their former partners. For instance, if one spouse chose to stay home and raise the children while the other partner financially supported the household, the at-home person may not have the resources or skills to adequately make ends meet after the divorce. Rehabilitative maintenance is also temporary.

Permanent support refers to the alimony arrangements that are put in place once the divorce is finalized. Despite its name, permanent support may or may not be perpetual; family law courts have discretion when deciding how long payments should last.

Length of Payments

New York has a formula for helping judges decide how long a spouse should receive alimony. For marriages of up to 15 years, maintenance can last between 15% and 30% of the length of the union. For marriages of 15 to 20 years, maintenance can last between 30% and 40% of the length of the union. 

If the marriage lasted 20 years or more, maintenance can last between 35% and 50% of the union. Maintenance also ends when one spouse dies or remarries.

In certain situations, a judge might decide to make maintenance a permanent arrangement. These situations include exceptionally long marriages, marriages in which one spouse earned substantially more than the other, and marriages in which one spouse was sick, disabled, or unable to be self-supporting.

An attorney will help you navigate the complex world of spousal maintenance. Cheryl A Beverson, Attorney At Law, has been representing the Hudson Valley region since 2007. She offers legal services in all aspects of family law cases, as well as in traffic violations, real estate issues, and estate planning. Call (845) 341-0008 or visit her website to schedule a consultation.