When a couple goes through a divorce where one of the spouses is financially dependent on the other, alimony may be required by the court. These are payments made by an independent spouse to the dependent spouse in order to provide them with stability until they can do so for themselves. If you are going through a divorce and seeking alimony, it is important to retain the services of an experienced New York divorce attorney for assistance with your case.
Types of Alimony
Not all marriages are the same. It is because of this that their divorce proceedings, therefore the alimony that may be awarded, can depend on the couple’s situation. The types of alimony that may be available to a divorcing couple can include the following:
- Permanent alimony: This type of alimony remains in effect either indefinitely or until there is a change in circumstances. It can be awarded based on the duration of the marriage. If the marriage lasts up to 15 years, alimony may be awarded for 15 to 30% of the duration. If it lasts between 16 and 20 years, the payments may be awarded between 30 to 50% of the duration. For marriages that last 20 years or more, it may be awarded between 35 to 50% of the duration.
- Rehabilitative alimony: When a spouse holds off their own career to support their partner, this alimony may be awarded so that the dependent spouse can receive the education or training they need.
- Reimbursement alimony: In the event that one spouse financially supports their partner while they were pursuing education or training, this temporary alimony can reimburse them.
How is Alimony Determined?
There are many cases of divorce that do not end amicably with spouses on good terms. It is because of this that some spouses may not want to make alimony payments to their former partner. It is because of this that the decisions are not left up to the spouses, but the court. In order to make decisions regarding the awarding of alimony, the court will consider the following factors regarding the marriage:
- Income and property
- Child support obligations
- Child custody arrangements
- The ages of both parties
- The health of both parties
- Each party’s earning capacity
- The dependent spouse’s need for education or training
- The dependent spouse’s deferred life goals
- If there are any tax consequences
- Caring for family members
Contact our Firm
Zimmet Law Group, P.C. is an experienced team of attorneys guiding clients through matters of estate planning and administration, divorce and family law, real estate, commercial litigation, business law, bankruptcy, and landlord-tenant law. If you require the services of an effective New York City attorney, contact our firm today to schedule a consultation.