When going through a divorce, one of the most important and often confusing topics is alimony, also known as spousal support or spousal maintenance in New York. Whether you are seeking financial support after divorce or may be required to pay it, understanding your rights and obligations is crucial to protecting your financial future.
At Gordon & Gordon, our experienced divorce attorneys in New York have guided countless clients through the complexities of divorce support. In this article, we’ll break down what you need to know about alimony and spousal support, how it’s determined, and what you can expect during and after your divorce.
What Is Alimony and Spousal Support?
Let’s start with the basics: What is alimony and spousal support? In simple terms, alimony is court-ordered financial support after divorce paid by one spouse to the other. It’s designed to help the lower-earning spouse maintain a similar standard of living after the marriage ends.
In New York, this is commonly referred to as spousal maintenance, and it can also be awarded during the separation period (often called separation support or temporary maintenance) before the divorce is finalized.
Types of Alimony in New York
There are several types of alimony or spousal maintenance that may apply depending on your situation:
- Temporary Alimony (Pendente Lite): Support paid during the divorce process.
- Rehabilitative Alimony: Helps the recipient gain education or job training.
- Permanent Alimony: Typically awarded after long-term marriages where one spouse cannot become self-sufficient.
- Reimbursement Alimony: Compensates one spouse for expenses like education that benefited the other.
- Lump-Sum Alimony: A one-time payment instead of ongoing support.
- Bridge-the-Gap or Transitional Alimony: Short-term support to adjust to post-divorce life.
Who Qualifies for Alimony?
Spousal support is not automatic. A judge evaluates several factors for alimony eligibility, including:
- The length of the marriage
- Each spouse’s income and earning capacity
- Health and age of both parties
- The standard of living established during the marriage
- Contributions as a homemaker or support for the other spouse’s career
- Child custody arrangements (only as they relate to the ability to work)
A common misconception is that only women receive alimony. Can men receive alimony? Yes—gender does not influence eligibility. What matters is the economic imbalance created by the end of the marriage.
How Is Alimony Determined?
Many clients ask: How is alimony determined? New York uses a statutory formula for calculating temporary and post-divorce support, considering both spouses’ incomes and the duration of the marriage. However, judges have discretion to adjust the final amount based on:
- Property and assets awarded in the divorce settlement
- Loss of benefits (e.g., health insurance) due to divorce
- Any history of domestic abuse or financial misconduct
Your family law attorney in New York will advocate for a fair outcome that reflects your unique circumstances.
How Long Does Spousal Support Last?
The duration of alimony depends on the length of the marriage and the type of support awarded. In general:
- Short-term marriages (0–15 years): Support may last 15–30% of the marriage duration.
- Medium-term marriages (15–20 years): 30–40%
- Long-term marriages (20+ years): 35–50% or possibly permanent
You may be wondering, How long does spousal support last? The answer depends heavily on the specific facts of your case.
Modifying or Ending Alimony Obligations
Circumstances change. If you’ve had a significant shift in income, retirement, or your ex-spouse remarries or cohabitates, you may be eligible for modified alimony payments or ending alimony obligations altogether.
To change or terminate support, you must petition the court. Simply stopping payments without a court order can lead to enforcement actions, including wage garnishment or even contempt charges.
Tax Implications of Alimony
Tax implications of alimony changed significantly in 2019. For divorce agreements finalized after January 1, 2019:
- Payers of alimony can no longer deduct payments on their tax return.
- Recipients of alimony do not need to report it as taxable income.
This can impact both the net amount received and paid. Be sure to work with a tax advisor and a New York divorce attorney who understands how these changes affect your bottom line.
Common Misconceptions About Alimony
There are plenty of myths surrounding alimony. Let’s set the record straight:
- “Alimony is guaranteed”: Not true—judges weigh many factors before awarding support.
- “Only wealthy people pay alimony”: Anyone can be ordered to pay based on relative income differences.
- “I can stop paying if I lose my job”: You must request a modification from the court.
The Role of a Divorce Attorney in Navigating Alimony
Navigating divorce finances and post-divorce support without guidance can lead to costly mistakes. Whether you’re requesting support or defending against an unfair demand, a skilled family law attorney in New York will ensure your interests are protected.
At Gordon & Gordon, our experienced New York divorce attorneys work with clients through every stage of the process—from filing for alimony to representing you in alimony hearings or responding to alimony requests. We aim for fair, enforceable outcomes that help you transition into your new life with stability and clarity.
Get the Support You Deserve
Understanding spousal support in New York means more than knowing the law—it’s about knowing your rights, responsibilities, and options. If you’re facing divorce or separation and have questions about alimony or how to protect your financial future, Gordon & Gordon is here to help.
Contact us today to schedule a confidential consultation and get the support you need from trusted divorce attorneys in New York.