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For men and women who are legally married, there is a requirement to support one another that may exist even after the marriage is dissolved. Two main terms are used to describe such support: spousal support and spousal maintenance (alimony). While these terms have many similarities, they are actually quite different.
Spousal support is support given through payments from to one spouse from the other while the two are still married. This type of support can be set for a length of time consistent with the time that two people are married to one another.
Spousal maintenance goes into effect after the finalization of a divorce, where one ex-spouse will make payments to the other ex-spouse. It may be wise to pursue alimony or support—or request a modification of existing terms.
Contact Hedayati Law Group P.C. to learn more about your support and maintenance options in New York.
Determining the Amount of Spousal Support or Maintenance
When establishing the amount of money that is to be paid from one spouse or ex-spouse to the other, the Court takes into consideration housing expenses, clothing expenses, medical expenses and educational expenses and more. The length of time that the spousal maintenance need to be paid can depend on the length of the marriage, the quality of the marriage, and the health of each person. More often than not, spousal maintenance will conclude once the ex-spouse receiving the support payments re-marries or lives with another person.
Visit the New York State Unified Court System website to calculate the amount of maintenance you may be due: New York Spousal Support Calculator
Does Adultery Impact Alimony in New York?
Adultery, which is considered a marital fault in the state of New York, is not considered to be a primary factor when calculating alimony payments. Specifically, a judge will not award alimony because of infidelity alone. Instead, a judge will evaluate whether an egregious behavior took place. Adultery is not egregious enough to fit that criteria.
How Long Does Spousal Maintenance Last?
The duration of spousal maintenance varies depending on many factors. If an agreement cannot be reached between you and your spouse, the judge will typically evaluate your circumstances and decide how long a spouse must pay maintenance. It could be on a temporary basis or the judge may not specify the time period, in which case maintenance may be required until death or remarriage. Typically, couples in longer marriages and those in which there is a large income disparity between the spouses are likely to be ordered maintenance. If you are unsatisfied with your maintenance order, we can help you pursue a modification.
How Long Do You Have to Be Married to Get Alimony in NY?
In New York, alimony can be non-durational or durational depending on the circumstances of your divorce. Non-durational spousal support is permanent until the receiving spouse lives with another partner as a spouse, remarries, or dies. Durational support is usually determined by the length of the marriage, and there is no minimum marriage duration to receive support.
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The debate over spousal support and maintenance is a primary concern in any kind of separation or divorce matter. You will certainly need the assistance of an experienced Long Island spousal support lawyer at our firm to review the details of your divorce and clarify what you are entitled to and for how long. Let us help you!
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