How Long Do I Have To Pay Spousal Support in New York?
Navigating the issue of spousal support, known as post-divorce maintenance in New York, can be complex. New York law specifies guidelines for the amount and duration of spousal support, but many factors influence the exact terms. A New York City divorce attorney from the Law Office of Vivien I. Stark, P.C. can provide insights into how spousal support decisions are made and what factors may impact the length of payments.
Understanding Spousal Support in New York
Spousal support is a court-ordered payment from one spouse to the other, intended to help maintain the recipient’s pre-divorce standard of living or one that allows them to achieve self-sufficiency. Spousal support is sometimes referred to as alimony
Though there are guidelines, the duration and amount of spousal support/ maintenance are determined by various factors and depend greatly on the type of support being awarded.
In New York, there are generally two types of spousal support:
- Temporary maintenance: Sometimes referred to as pendente lite maintenance, this is awarded during the divorce process to help the financially dependent spouse maintain stability until a final decision on maintenance can be made. It is generally based on specific financial calculations and terminates when the divorce is finalized.
- Post-divorce maintenance: After the divorce, the court may award post-divorce maintenance. This assists the lower-earning spouse as they transition to financial independence, with the duration depending on various circumstances outlined by the court.
Guidelines for Duration of Spousal Support
New York courts refer to a set of guidelines to determine the length of spousal support, which considers the length of the marriage. While these guidelines provide structure, the court has the discretion to adjust based on the specifics of each case. Generally:
- For marriages lasting up to 15 years, support may be payable for 15%–30% of the marriage’s length.
- For marriages lasting 15–20 years, support may continue for 30%–40% of the marriage’s length.
- For marriages over 20 years, support can be awarded for 35%–50% of the marriage’s length.
These percentages serve as a framework, but individual cases may deviate from them based on each spouse’s needs and circumstances.
Factors Affecting Spousal Support Duration
New York courts consider several factors when determining the duration of spousal support:
- Length of the marriage
- Age and health of both spouses
- Present and future earning capacity of each spouse
- Financial and non-financial contributions to the marriage
- Educational or training needs of the recipient spouse
- Standard of living during the marriage
- Care of children or other family members affecting earning ability
- Marital property division and financial impact on both spouses
Termination of Spousal Support
While there is no set end date for spousal support, it can terminate under various conditions:
- Remarriage of the receiving spouse: If the receiving spouse remarries, spousal support usually ends automatically.
- Death of either spouse: Spousal support ceases upon the death of either the paying or receiving spouse.
- Cohabitation of the receiving spouse: If the receiving spouse begins living with a romantic partner, it may influence the court to modify or terminate spousal support.
- Significant change in circumstances: If either spouse’s financial circumstances significantly change, such as through a job loss or inheritance, the court may modify or terminate support.
Seek Legal Guidance from the Law Office of Vivien I. Stark
Spousal support/maintenance is a very complex and nuanced issue. New York’s guidelines offer a helpful starting point, but individual circumstances will determine the outcome. For guidance on your specific situation, contact our experienced New York City divorce attorneys. We can help you achieve a fair and appropriate spousal support arrangement.