Getting a divorce can be highly emotional. However, you may find that you cannot focus on the emotional matters, mainly because you have financial and legal issues to prioritize. One thing many are unfamiliar with is how alimony works. Additionally, recipients may wonder whether or not they can receive permanent alimony in New York. If you’re going through a divorce, you may have several questions about whether you’ll receive alimony. The following blog explores what you must know about these matters and how a Nassau County alimony lawyer can help you navigate these complex matters.
How Does New York Calculate Alimony?
One of the many misconceptions regarding alimony is that the lower-earning spouse will be automatically awarded spousal support during the divorce. In reality, you must request alimony when filing to be a recipient. Additionally, if you and your spouse cannot agree on an amount, the courts will step in, and a judge will review the matter before deciding if you should receive funds, how much the payments should be, and how long they will last. The following factors will be taken into consideration by the courts:
- The length of your marriage
- The age and health of each spouse
- Each spouses income
- The earning capacity of each spouse
- Whether or not one spouse put their career on hold to support the other
- Whether or not it would take education or training for the other spouse to get a job
It’s important to understand that alimony is not meant to be a permanent source of income. Instead, its purpose is to help supplement the income of a financially dependant spouse until they can gain financial independence and support themselves.
Is It Possible to Receive Permanent Alimony?
In New York, there is no set length of time that alimony will last, as each couple is unique. Some may only require temporary alimony, which lasts until the divorce is finalized, while others will receive alimony for a few years after signing the divorce agreement. Depending on the circumstances, in New York, alimony will last 15-50% of the length of the marriage. As such, permanent alimony is not often awarded.
However, in exceptional circumstances, you may be awarded non-durational alimony. This is generally awarded to dependent spouses with a chronic illness or disability or whose age prevents them from becoming financially independent. As such, alimony would end upon either spouse’s death or if they get remarried.
Many considerations are made when awarding alimony to a recipient spouse. As such, it’s in your best interest to consult with an experienced attorney at Barrows Levy, PLLC, if you and your spouse are divorcing. Our dedicated team understands the complexities of this matter, and we will do everything in our power to help you recover the alimony you may be entitled to during your divorce. Contact us today to learn how we can help you.
