In New York, there exist two distinct financial arrangements that can be established between spouses, namely spousal maintenance and spousal support. Spousal support is provided while the spouses are still married, whereas spousal maintenance, also known as alimony, is granted after the divorce is finalized.
Prior to 1980, spousal maintenance was exclusively awarded to women in divorced couples. However, it was determined that spousal maintenance should not be based on gender or sex. Consequently, the state considers various factors when determining who should receive alimony and the amount to be awarded, including the standard of living during the marriage, the income and assets of each spouse, and other relevant aspects. Additional considerations include:
– Duration of the marriage.
– Age and health of each spouse.
– Projected future income of each spouse.
– Debts and taxes owed by each spouse.
– Division of marital property.
– Impact on health benefits if one spouse loses coverage provided by the other’s plan.
– Custody arrangements and the number of children involved.
While each marriage is unique, it is challenging to predict the precise factors that courts will consider when determining alimony payments. Alternatively, it is possible to reach a settlement on alimony outside of court through mediation. If you have questions about divorce and spousal maintenance or require assistance in optimizing your payments, Aronov Law NY, can provide the guidance you need to achieve your objectives.
What is the duration of spousal maintenance in NYC?
The duration of spousal maintenance payments in New York can vary depending on the circumstances of the divorce. Typically, spousal maintenance continues until the death of either spouse, the agreed-upon termination date for the payments is reached, or if the recipient spouse remarries.
It is feasible to request a modification of the agreement at any time, provided there are valid reasons and supporting evidence. The following circumstances may warrant a petition for modification of spousal maintenance agreements:
– The paying spouse experiences a loss of employment.
– The paying spouse undergoes a job change resulting in increased or decreased income.
– The recipient spouse becomes financially independent.
– The recipient spouse enters into a new cohabitation or marriage.
– The supporting spouse becomes ill or disabled.
Negotiating a Spousal Maintenance Agreement
Some divorces may be rushed, leading to hasty decisions without careful attention to detail, in order to expedite the process and enable both spouses to move forward with their lives. However, if a rushed divorce results in agreements that one party deems unfair, it can lead to long-term resentment and potential hostility, particularly for other family members such as children.
Therefore, it is never too late to engage in negotiations for a spousal maintenance agreement. Whether circumstances have changed or crucial evidence was overlooked, Aronov Law NY, can assist in analyzing the specifics of your case and revising the agreements to achieve a more equitable and balanced outcome.
