What are the Different Types of Alimony in New York State?
Alimony, known as spousal support or maintenance in New York State, is a type of payment that one spouse makes to the other either throughout the divorce proceedings or after the divorce has been finalized. Alimony payments that are made while the divorce is pending are called spousal support. Alimony payments made after the divorce has been finalized are known as spousal maintenance. Understanding both types of alimony can help you understand the purpose of alimony which is to provide support to one spouse giving them enough time to become self-sufficient.
The two types of alimony in New York
- Temporary maintenance – Also referred to as pendente lite maintenance, this type of alimony is awarded during the divorce process and stops when the final divorce decree is made by the judge. The award is based on one spouse’s need for alimony and is set based on statutory guidelines that determine the amount needed.
- Post-divorce maintenance – This type of alimony is paid after the final divorce decree is entered. The payments can be determined by the length of the marriage and take into account the income of both spouses. Again, there are statutory guidelines that determine what the financial support will look like.
If the court decides that alimony should be paid, it could order payments both during the divorce and after. An award of alimony during the divorce process does not preclude an award of alimony after the divorce is finalized.
How do the courts calculate temporary maintenance?
If the court determines that an award of alimony is appropriate, it will use a statutory formula that calculates a suggested amount of temporary support. This formula ensures that the courts consistently calculate alimony payments and avoid the appearance of favoritism. On the other hand, judges have some discretion when awarding alimony on a temporary basis. However, the judge would have to show that the calculated award is unjust or inappropriate.
Calculations for temporary maintenance consider the following factors:
- The income of each spouse (max: $203,000)
- Whether the spouse paying temporary maintenance will also pay child support
The amount that the court awards for temporary maintenance has no impact on the post-divorce award that the court affords to either party. Temporary maintenance payments end when the divorce is finalized (or one spouse dies).
How do the courts calculate post-divorce spousal maintenance?
Similar to temporary maintenance, the courts use a formula to arrive at a consistent determination from one case to the next. On the other hand, judges have more discretion when it comes to spousal maintenance than they do with temporary maintenance as there are more long-term factors that need to be considered. Factors that the judge will consider include:
- The age and health of both spouses
- The future earning power of recipient spouse
- If the recipient spouse requires vocational training
- Any child support payments the paying spouse will make
- If the spouses will live separately
- Any acts that impact the other spouse’s ability to earn income
- Availability of benefits such as health insurance
- Tax consequences of the payments
- The standard of living the couple enjoyed while they were married
- The distribution of marital assets and the income that could be earned by selling that property
Talk to a Rockland County, NY Divorce Lawyer Today
The Law Office of Robert. S. Sunshine represents the interests of spouses during their divorce. Call our Rockland County family lawyers today to schedule an appointment, and we can begin discussing your case right away.
