Alimony isn’t awarded as often as it used to be. More couples are living in dual-income households, which means they can typically support themselves after a divorce. However, in some cases where a spouse gives up his or her job to raise the kids, he or she might need additional income until he or she finds employment.
New York separates alimony into two different types: spousal support and spousal maintenance. Temporary spousal maintenance typically lasts as long as the divorce is happening. Once the divorce is finalized, the temporary maintenance stops, and the judge decides whether additional alimony is appropriate.
Permanent alimony, or spousal support, will depend on a number of different factors, including the following:
- Income and property of each spouse
- Length of the marriage
- Age and health of each spouse
- Present and future earning capacity of each spouse
- A spouse’s need to incur training or education expenses
- Where the children live
- Tax consequences
The length of permanent alimony usually depends on a standard formula. For a marriage lasting up to 15 years, for example, maintenance is expected to last 15% to 30% of the length of the marriage. For a longer marriage, one lasting 15 to 20 years, support should continue for 30% to 40% of the length of the marriage. Last, for marriages lasting more than 20 years, support continues for around 35% to 50% of the length of the marriage. Likewise, if the receiving spouse remarries or either spouse dies, the payments will also end.
If you’re thinking about divorce, talk to one of our skilled Dutchess County divorce lawyers about the possibility of making or receiving alimony payments after the proceedings. The Law Office of Dennis R. Vetrano, Jr., LLC is dedicated to helping families through their stressful family law issues with excellent, responsive communication and compassion. Let us see what we can do for you and your family.
Contact us at (845) 605-4330 or fill out our online form to schedule a case consultation today.