New York Alimony / Spousal Support
New York alimony, also referred to as spousal support is the amount of money one spouse pays to the other, by court order or through agreement of the parties, for support and maintenance.
In any New York matrimonial action the court may order temporary maintenance or maintenance in such amount as justice requires, based on the standard of living of the parties established during the marriage, whether one party lacks sufficient property and income to provide for his or her reasonable needs and whether the other party has sufficient property or income to provide for the reasonable needs of the other, as well as the circumstances of the case and of the respective parties.Spousal support or maintenance in New York can be awarded based on these factors:
- The income and property of the respective parties including marital property
- The duration of the marriage and the age and health of both parties
- The present and future earning capacity of both parties
- The ability of the party seeking maintenance to become self-supporting and, if applicable, the period of time and training necessary
- Reduced or lost lifetime earning capacity of the party seeking maintenance as a result of having foregone or delayed education, training, employment, or career opportunities during the marriage
- The presence of children of the marriage in the respective homes of the parties
- The tax consequences to each party
- Contributions and services of the party seeking maintenance as a spouse, parent, wage earner and homemaker, and to the career or career potential of the other party
- The wasteful dissipation of marital property by either spouse
- Any transfer or encumbrance made in contemplation of a matrimonial action without fair consideration
- The loss of health insurance benefits upon dissolution of the marriage
- Any other factor which the court shall expressly find to be just and proper
Modification and Termination of New York Spousal Support
Either party can apply to the court to terminate or modify any prior order or judgment of spousal support upon showing of the recipient's inability to be self-supporting or a substantial change in circumstance.
New York statutes regarding alimony can be found here: New York statutes
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