Divorce Alimony in New York

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Types of Divorce New York Alimony

Restitution Alimony

  • This is for a temporary period
  • The recipient gets the payments till he/she is pursuing education or enhancing vocational skills

Rehabilitative Alimony

  • This is for a temporary duration
  • The objective is that the recipient must refresh or develop job skills to secure a vocation

Permanent Alimony

  • This is disbursed to arrange for payments of clothing, housing, food and other provisions of the recipient
  • When a spouse requests for this alimony, it is essential to prove the requirement of a specific amount of money
  • After this alimony is awarded, it has to be paid indefinitely or till there is an alteration in the circumstances of the spouse

Determination of Divorce New York Alimony

The judge contemplates on the following issues prior to the declaration of alimony.

  • The chances of the spouses to attain income and assets in the future
  • Any special requirements of the spouses
  • Debts and assets of the partners
  • Employability and vocational skills of the parties
  • The various sources of income of the spouses
  • Occupations of the partners and the income derived from it
  • The health and age of the parties
  • The behavior of the spouses during marital life
  • The duration of marital life

Features of New York Alimony

  • Alimony payments might terminate on remarriage of the recipient or the death of the payer or as per an agreement made by both spouses
  • The intention of spousal support is to offer economic independence to the recipient and the payments continue only as long as the recipient is not self dependent
  • There may be a modification in the alimony payments as per an agreement between both the parties or alteration in the financial conditions of the spouses (for example, the employment conditions of both the spouses)

History of New York Alimony

An amendment was made to the New York Domestic Relations Law in 1980. This was a part of the Equitable Distribution Law. It was applicable in all proceedings begun on or after 19th July 1980. As per this law, maintenance was defined as payments for an indefinite or definite duration so that the reasonable requirements of the party in the matrimonial action are fulfilled.

In 1986, the maintenance provisions of the law were amended. This was concerning the preclusion of permanent maintenance awards regarding older homemakers in the following circumstances.

  • The marriages were of long duration
  • The homemakers had responsibility of minor children
  • The homemakers had sacrificed employment chances as they gave priority to the needs of the family

The 1986 amendment created a new basis for the award of maintenance. It removed the clause "standard of living where practical and relevant." This was replaced by the clause "standard of living of the parties established during the marriage for reasonable needs." Due to this, it became the objective of the court to retain the standard of living of both spouses during marital life post divorce.

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