What Do New York Courts Consider When Determining Alimony? 

A wooden gavel resting against two hardcover books on a white background, symbolizing law and justice, pertinent to sessions concerning same-sex divorce in New York.

Alimony in New York is intended to give the financially dependent spouse a chance to become financially independent after a divorce. Alimony is not meant to be a permanent agreement. Continue reading and reach out to our experienced divorce and family law attorney to discover what New York courts will consider when determining alimony amounts and duration. If you have any further questions regarding alimony and how it is determined in New York, do not hesitate to reach out to our experienced family law firm to learn more about our services and how we can assist you.

What will New York courts consider when determining alimony?

The amount of alimony and the duration of alimony will be determined by the court as they consider a variety of factors in New York. Some of those factors include the following:

  • Both spouses’ age and health
  • The duration of your marriage
    • The longer you were married, the longer the financially-dependent spouse will receive alimony payments
  • The marital property in question
  • Tax consequences
  • Both spouses’ yearly income
  • Both spouses’ earning capacity
  • If the spouses share children
  • The child custody agreement in place
  • Whether one spouse deferred their education to help the other further their career goals

Can Citing Fault Grounds Impact an Alimony Agreement?

It is common for spouses to hope that citing fault grounds such as adultery will impact the outcome of their alimony agreements. However, it is important to understand that citing fault grounds will not impact the outcome of your divorce.

With that being said, at times, citing adulty may actually result in a favorite agreement when it comes to alimony. This must be done with proof that your former spouse squandered a significant amount of martial sets on the person they were having an affair with. If this can be proven, you may receive a greater alimony agreement. It is important to understand that this is not guaranteed. If you are looking into this process, it is important that you retain the services of an experienced family law attorney who can assess your situation and determine the next steps you should take to achieve a favorable outcome for your divorce and alimony agreement. Give our firm a call today to learn how we can assist you. We are here to help.


Barrows Levy PLLC is a highly experienced New York law firm focused on providing quality legal services to clients in New York City and Long Island. If you need a Nassau County lawyer who has significant experience handling family and estate planning matters, we are ready to help. Contact Barrows Levy PLLC to schedule a consultation with one of our experienced attorneys today. 

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