Exploring the different types of spousal maintenance in New York

Although there are many topics to discuss during a divorce in New York, financial stability may be one of the most important. Separating marital income can be difficult after years of marriage. In some cases, one party may be ordered to pay spousal maintenance, or alimony, to the other party. This maintenance payment is designed to help people become financially stabilized after a divorce, according to Forbes. Similarly, mothers or fathers who stay at home to take care of the family may need additional financial support as well.

Types of spousal maintenance

There are several different types of maintenance in New York, which are awarded based on the unique specifics of each divorce case, according to Bloomberg Business News. Rehabilitative maintenance may be ordered after one spouse has put their career or education on hold in order to help fund the career or education of the other spouse. This type of alimony is often granted for up to five years or until the dependent spouse can begin earning their own income.

According to New York law, people who are actively going through the divorce process may be eligible for temporary maintenance. Temporary spousal maintenance is designed to provide financial assistance to a spouse who is separated from the primary earner while filing for divorce. However, the court may or may not choose to continue the support once the divorce is finalized. If a couple has been married for a long time or there are other extenuating circumstances, permanent alimony may be ordered.

Who is eligible for spousal maintenance?

Not everyone qualifies for spousal support under the New York judicial system. When making a decision as to whether a spouse is eligible and what type of support they qualify for, the court will carefully consider the following details:

  • The current income and potential earning capacity of each party
  • How long the marriage lasted and the quality of life established during the marriage
  • Whether one party requires further education toward their career goals
  • The current age and health of each party
  • The availability of health insurance
  • The need to care for any children involved in the marriage

New York courts may take into consideration how the marital property was distributed, and whether there was domestic violence involved during the marriage.

Special terms

There are some exceptions to the alimony terms, as reported by Bloomberg Business. If a spouse who is getting alimony remarries, they are no longer entitled to receive alimony payments. This may also be true if a spouse passes away, moves in with someone else or experiences a substantial change in their finances.

The importance of an attorney

Going through a divorce can be an emotional experience, especially if you need or are required to pay spousal support. A New York attorney may be able to help people make the important decisions necessary to better their lives during the dissolution of a marriage.