One of the most common questions brought to the offices of New York divorce attorneys has to do with alimony. Many spouses are curious about how spousal maintenance is determined, how long it lasts, and whether an order for it can ever be changed.
There are two main types of alimony that can be awarded when a marriage ends: temporary maintenance and post-divorce maintenance. Temporary maintenance is paid out while the divorce case is still pending and being litigated. Itâ€™s meant to help the spouse with urgent financial need while factoring in the standard of living enjoyed by that spouse during the marriage. Post-divorce maintenance, on the other hand, can continue after the divorce is finalized. It usually will end with the death of either spouse or when the supported spouse moves in with someone else or gets married to someone else.
Judges take multiple factors into account when determining whether alimony should be awarded and at what rate. Thatâ€™s why you should consult directly with your New York family lawyer to determine how this might look in your case. Judges will factor in the health and age of both spouses, the standard of living that both enjoyed during the marriage, and the earning capacity of each spouse.
In addition to these basic factors, judges are also allowed to consider the length of the marriage, the income and property that each spouse will be awarded when the divorce is final, each spouseâ€™s ability to become self-supporting, the existence of a joint household before the marriage, and whether one spouse lost any income by giving up his or her career to help care for children.
The determination of alimony can significantly impact your future, so contact a knowledgeable New York family lawyer right away to learn more details. Jayson Lutzky is a Bronx, NY lawyer with over 32 years experience practicing law. He handles divorce and family court cases and has helped many highly satisfied clients. Mr. Lutzky offers free in-person consultations. Call 718-514-6619 to set up an appointment. Visit www.MyNewYorkCityLawyer.com to learn more about Mr. Lutzky’s firm.