Alimony or spousal support is financial assistance provided by a person to their spouse. The amount and frequency of alimony payments are decided by either the couple themselves through negotiations or by a judge who has evaluated the couple’s case.
If you earn more than your spouse, the court may be more likely to assign you the role of “monied spouse,” charged with providing your spouse with alimony. While this is not always the case, having to provide spousal maintenance can prevent you from fully moving on and building a new life after your divorce.
An experienced New York spousal support attorney can help you understand your rights and explore your options to modify your alimony order or potentially terminate payments if your circumstances have changed significantly. At the Law Office of Richard Roman Shum, Esq., skilled New York divorce attorney Richard Shum provides quality legal assistance in spousal support matters and other aspects of divorce. To learn more about how we can assist you in modifying an alimony order, call us today at (646) 259-3416 to schedule a free consultation.
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How To Determine Who Qualifies for Spousal Support
In New York, the court usually assigns spousal support depending on the financial capability of each spouse. The court will prioritize giving alimony to a spouse who can demonstrate that they have a financial need for support. The court initially only order alimony on a temporary basis depending on the time the court determines would be enough for the payee spouse to get back on their feet.
There are three types of alimony in New York:
- Temporary Maintenance (Pendente Lite)
- Post-Divorce Maintenance (Durational)
- Post-Divorce Maintenance (Non-Durational)
Temporary Alimony in New York
Temporary alimony, legally known as temporary maintenance or pendente lite maintenance, lasts for the duration of the divorce proceedings. New York courts apply a statutory formula to calculate the presumptive amount of temporary maintenance. If the court determines the baseline support determined by the calculator to be unjust or inappropriate, a judge can increase or decrease the amount as they see fit.
The formula is based on the payor spouse’s gross annual income, up to $203,000. If the payor earns more than that, the court may consider additional maintenance based on several statutory factors. Temporary alimony does not affect the court’s decision regarding the awarding of post-divorce spousal maintenance.
Temporary alimony ends when the divorce is final or either spouse passes away. Temporary maintenance is separate from post-divorce maintenance. An award of temporary support does not guarantee, nor does it affect, the court’s decision on post-divorce spousal maintenance.
Post-divorce Alimony
Post-divorce alimony or spousal maintenance can either be durational or non-durational. Durational alimony lasts for a fixed amount of time depending on how long the couple has been married:
- 15% – 30% of the time married for couples married for less than or equal to 15 years
- 30% – 40% of the time married for couples married for more than 15 years but less than 20 years
- 35% – 50% of the time married for couples married for more than 20 years
The calculation based on the duration of the marriage can be treated by a judge as a jumping-off point when deciding the duration of alimony. Courts are not required to follow them but often use them unless circumstances justify a deviation.
In addition to marriage length, the court may consider various factors listed under N.Y. Dom. Rel. Law § 236(B)(6)(e) when deciding the duration and amount of spousal maintenance:
- Age and health of each spouse
- Each spouse’s present and future earning capacity
- Any child support award on top of spousal support
- Wasteful or unjust use of marital property
- Whether the spouses were living together before marriage or living separately before the divorce
- Any acts committed by one spouse to the other that prevented them from obtaining meaningful employment such as financial abuse or domestic violence
- Whether the spouses have medical insurance
- Whether a spouse was prevented from continuing a career due to care for children or other family members
- Tax consequences to each spouse
- The couple’s standard of living during the marriage
- Whether a payee spouse gave up or delayed further education or career opportunities in favor of the marriage
- Distribution of marital assets and whether each spouse can get any income from the properties
- Contributions or services of a payee spouse to the payor such as taking care of the household so that the payor can focus on their career
- Any factor the court believes is justifiable to take into consideration
The maintenance formula applies to the payor spouse’s gross income up to $203,000. If the payor earns more than this, the court may award additional support based on the statutory factors. If the court decides that a deviation from the baseline is in order, the new amount will be put in writing including the reasoning and the factors the court used to come to that determination.
A post-divorce maintenance order remains in effect until it reaches its set expiration date, is modified by the court, either spouse dies, or the payee spouse remarries. In some cases, it may be terminated if the payee spouse begins cohabiting with another partner, but only if this condition is outlined in the divorce agreement or court order.
Permanent Alimony in New York
Permanent alimony, legally referred to as non-durational maintenance, may be awarded in limited situations, typically following a long-term marriage. This type of maintenance is reserved for cases where the payee spouse is unlikely to become financially independent due to factors such as age, health, or extended absence from the workforce.
The court may award non-durational maintenance under the following circumstances:
- Age – If the payee spouse was not able to support themselves due to stopping their career to take care of the house or children, and they are at an age wherein it would be difficult to reenter the workforce, they may be awarded alimony. Permanent alimony can also be awarded if the judge decides that the assets the payee spouse would get in the divorce would not be enough to support them financially.
- Medical need – If a payee spouse has a severe medical condition or has a disability that prevents them from being self-sufficient, the court can award them permanent alimony.
- Financial dependence – If the payee spouse lacks the education, skills, or work history to achieve financial independence, and the court determines that self-sufficiency is unlikely even with reasonable efforts, permanent alimony may be appropriate.
Non-durational maintenance ends automatically if either spouse dies or if the payee spouse remarries. It may also be modified or terminated upon a substantial change in circumstances, though this is evaluated on a case-by-case basis. Cohabitation with a new partner does not automatically terminate maintenance unless that condition is specifically outlined in the divorce agreement or court order.
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How Much Is Alimony in NY
In New York, the amount of alimony, also known as spousal support or maintenance, is primarily determined by specific guidelines set forth by the state. The calculation of alimony is influenced by factors including the income of both parties, the length of the marriage, and the standard of living established during the marriage.
For post-divorce maintenance, New York uses a formula to calculate the suggested amount. This formula considers the income of both the payer and the recipient. Specifically, two calculations are made: one where 20% of the payee’s income is subtracted from 30% of the payer’s income, and another where 40% of the combined income of both spouses is calculated, from which the payee’s income is subtracted. The lower of these two amounts is generally considered the guideline amount for alimony.
It’s important to note that these calculations are subject to a cap on the payer’s income, which is periodically adjusted. As of March 1, 2025, the formula applies to the payor’s gross annual income up to $231,000. If the payor earns more than this amount, the court may consider additional maintenance based on several statutory factors.
Courts may also depart from the guideline amount if applying it would be unjust or inappropriate. Factors the court may consider include the presence of children, health or educational needs, the parties’ respective earning capacities, tax consequences, and the standard of living during the marriage.
While the guideline formula provides a baseline, actual alimony awards can vary. Couples are also free to agree on a different amount through mutual consent. For the most accurate and personalized estimate, it is recommended to consult with an experienced spousal support attorney in New York.
How Is Alimony Paid in New York?
New York courts typically order spousal support to be paid in a monthly fashion. If both spouses agree, they may arrange private payments, such as through direct deposit, without the need for ongoing court involvement. However, when the parties do not agree on the method or schedule of payment, the court may issue an income withholding order, requiring the payor’s employer to deduct the maintenance amount from their wages and send it to the payee.
Should a payor spouse miss payments, the payee spouse can file a formal complaint with the court and request an order to collect the missed payments.
Lump sum payments of alimony can also be awarded subject to a court order or the spouses’ agreement. Before choosing to pay a lump sum for your alimony payment, you should consider the tax implications of doing so. Your spouse may also remarry before the ordered duration of the alimony payments are due, forfeiting the alimony. Before you make any decisions, it is important to seek the help of an experienced New York spousal support attorney.
At the Law Office of Richard Roman Shum, Esq., our attorneys work hard to provide quality legal support and representation to clients involved in matters of family law. Our skilled New York spousal support attorneys may be able to guide you through the roles and responsibilities of being a payor spouse in an alimony case. Call us today at (646) 259-3416 to schedule a free consultation.
How To Avoid Paying Alimony
Avoid paying alimony in New York by proving your spouse is self-supporting, negotiating a waiver during the divorce settlement, or showing the marriage was short-term. Courts also consider prenuptial agreements that waive spousal support. Alimony may be denied if the recipient committed acts of financial misconduct.
Paying alimony can be a considerable financial strain to the payor spouse. If the divorce is highly contentious, having to pay spousal support or maintenance may feel like rubbing salt into the wound. However, not paying alimony after being ordered to by the court can result in devastating consequences.
Approaching the matter of avoiding alimony should be done with careful consideration of the factors surrounding your divorce. There are also some practical and legal methods you can utilize to avoid having to pay spousal support or maintenance in New York.
Creating a Prenuptial or Postnuptial Agreement
A prenuptial agreement can explicitly establish the assets and liabilities each spouse will bring into the marriage. A prenuptial agreement can also include a financial statement from each spouse and lay out exactly which asset belongs to which spouse.
If you have already finalized your marriage, you can also create a postnuptial agreement. A postnuptial contains essentially the same information as a prenuptial agreement but is created after the marriage.
You should consider having a skilled New York marital agreement attorney draft your documents to make sure they will be enforced by a judge. Having the help of an experienced attorney can ensure that your best interests are protected in the agreement and that it is legally binding.
Give Your Spouse Assets Instead of Spousal Support
If the possibility of creating a prenuptial or a postnuptial agreement is moot due to disagreements with your spouse, you may consider negotiating with your spouse and giving them a larger share of the marital assets, assets that give off income, your marital home, or a bigger chunk of any retirement funds you share. These arrangements are typically formalized in a written settlement agreement and approved by the court.
The court may also decide more favorably on your behalf if you keep friendly communication with your spouse as it shows your willingness to cooperate and negotiate on the specifics of your divorce.
Request a Vocational Evaluation From the Court
If you have reason to believe that your spouse is remaining as a stay-at-home parent even if it is not strictly necessary, you may be able to request the court to conduct a vocational evaluation. A vocational evaluation carefully considers your spouse’s wage-earning capacity and whether they can reenter the workplace with ease after the divorce.
There is still a chance that the court will require you to pay temporary alimony until the divorce is finalized. While this may feel like a personal offense, especially if the divorce is contentious, it is important to remember that alimony payments are intended to help your spouse get back on their feet and allow themselves to be financially independent. Short-term alimony is a small price to pay, especially if your spouse gave up or postponed career opportunities to help establish your family or advance your career.
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Submit Proof That Your Spouse Does Not Require Spousal Maintenance
If your spouse has access to sufficient financial resources, such as substantial savings, a trust, or other income, it may reduce their eligibility for spousal maintenance. Providing full financial disclosures and supporting documentation can help demonstrate that your spouse is not financially dependent.
Courts assess maintenance based on need and ability to pay, not on personal motives. Demonstrating that your spouse has the resources to maintain a similar standard of living can influence the court’s decision.
Reduce Your Spending Where Possible
Given that getting a divorce can be a financially intensive process, it’s likely that you have already made a lot of lifestyle changes to accommodate that cost. It may be a good idea to evaluate your expenses, making sure to live within your means. If your spouse petitions the court for alimony, your monthly expenses and income will be among the factors considered by the judge in determining whether to award spousal support or maintenance.
Another important factor to consider is to never waste marital assets while in the process of finalizing your divorce. While you may feel like it is within your right to spend your marital funds as a result of the divorce, financially irresponsible acts can count as a demerit against you when the court is evaluating whether to award alimony to your spouse.
File Your Divorce Sooner Rather Than Later
In New York, the length of the marriage is a factor in determining how long post-divorce maintenance should last. The court typically measures the marriage length from the date of the wedding to the date the divorce action is filed and not the date it is finalized. Filing earlier may result in a shorter marriage duration, which can reduce the length of potential maintenance payments.
Stay Informed About Your Spouse’s Relationships
You will no longer be required to pay spousal maintenance if your ex-spouse has remarried. If your former spouse is cohabiting with a new partner, maintenance may end only if the divorce agreement or court order specifically includes that condition. Cohabitation alone does not automatically terminate maintenance under New York law. You should get the advice of your New York divorce attorney to determine whether you are required to continue paying spousal maintenance after your ex-spouse has begun living together with a new partner.
File a Fault Divorce
New York allows for fault-based divorces on grounds such as adultery or cruel and inhuman treatment. If the court finds that one spouse’s misconduct was egregious and directly contributed to the breakdown of the marriage, it may take that behavior into account when deciding whether to award maintenance. You will need to provide proof of the wrongdoing to support your claim. The judge will also be the one to decide whether the fault-based grounds for the divorce have merit.
Working with an experienced New York contested divorce attorney who can protect your best interests and help you understand your rights under the law is essential. New York contested divorce attorney Richard Shum may be able to walk you through the process of filing a fault-based divorce. Our attorneys at the Law Office of Richard Roman Shum, Esq provide quality legal counsel and aggressive representation in the interest of protecting our clients’ rights. Call us today at (646) 259-3416 to schedule a free consultation.
| Method to Avoid Paying Alimony | Description |
|---|---|
| Prenuptial or Postnuptial Agreement | Establishing legal agreements before or after marriage to define asset ownership and exclude alimony payments. |
| Giving Spouse Assets Instead | Negotiating with your spouse to provide a larger share of marital assets, income-generating assets, or retirement funds as an alternative to alimony. |
| Requesting Vocational Evaluation | Requesting a court-conducted evaluation of your spouse’s wage-earning capacity to determine their ability to reenter the workforce after the divorce. |
| Submitting Proof of No Financial Need | Seeking legal assistance to declare complete financial statements, proving that your spouse doesn’t require spousal maintenance for their standard of living. |
| Reducing Personal Spending | Evaluating expenses and living within your means, considering that your expenses and income may be factors considered by the court in determining alimony. |
| Filing for Divorce Sooner | Initiating divorce proceedings promptly to potentially minimize the duration of alimony payments based on the length of the marriage. |
| Staying Informed About Spouse’s Status | Monitoring your ex-spouse’s remarriage or cohabitation with a new partner, which may impact the requirement for spousal maintenance. |
| Filing a Fault Divorce | Pursuing a fault divorce by providing evidence of spousal abuse or adultery to reduce the chances of your spouse being awarded alimony. |
Limit the Duration of Spousal Support Through Negotiation
When facing divorce proceedings, one critical aspect that often arises is the issue of spousal support, commonly known as alimony. In New York, the duration and amount of spousal support can significantly impact both parties’ financial futures. However, it is possible to limit the duration of spousal support through careful negotiation during the divorce settlement process.
New York law provides guidelines for calculating both temporary and post-divorce spousal maintenance, taking into account factors such as the length of the marriage, the age and health of the parties, present and future earning capacities, and the need for one party to incur education or training expenses. However, these laws also allow for flexibility if both parties agree to different terms during negotiations. This kind of negotiation is often honored by the court and incorporated into the final judgment, offering both parties more control over their financial futures.
To avoid indefinite alimony obligations, you and your attorney can negotiate a specific end date or set a duration cap for spousal support as part of your divorce agreement. This approach not only clarifies the financial obligations for both parties but also provides a clearer path towards financial independence post-divorce.
Finalizing a spousal support agreement with a defined termination point can be beneficial. It removes uncertainties and allows both individuals to plan their finances more effectively. It is important to have these discussions and come to an agreement while the divorce process is ongoing. Once the court finalizes the divorce decree, modifying the terms of spousal support can be more challenging and require proving a significant change in circumstances.
Working with a knowledgeable attorney to negotiate these terms effectively can lead to a fair and definitive spousal support arrangement, preventing lingering financial ties and fostering a smoother transition into post-divorce life.
How Moving Out of State May Impact Alimony
Moving out of New York after a divorce does not automatically eliminate or reduce a court-ordered spousal maintenance obligation. However, in certain cases, relocation may be considered a substantial change in circumstances, which could provide grounds to request a modification of the existing spousal support order.
If the relocation is initiated by the spouse paying support or the one receiving it, the outcome depends on several factors. These include how the move affects income, living expenses, or employability, and whether any terms about relocation were included in the Marital Settlement Agreement (MSA). If relocation is anticipated, it is advisable to address it within the MSA to avoid future disputes.
It is also important to note that a New York spousal support order remains legally enforceable in other states under the Uniform Interstate Family Support Act (UIFSA). Relocating to another state does not remove the obligation to pay unless the court formally modifies the order.
If you are considering relocating to another state after a divorce, it is prudent to proactively amend your divorce arrangements to address potential changes. This enables you to make informed choices regarding your financial situation, tailored to your unique circumstances. This highlights the importance of consulting with an attorney before making any significant adjustments to your post-divorce arrangements.
Considering a move out of state to avoid alimony can have significant legal implications, and it’s crucial to handle this matter with the guidance of a seasoned New York spousal support attorney. At the Law Office of Richard Roman Shum, Esq., our experienced lawyers understand the nuances of alimony laws in New York and can provide strategic guidance to help you make informed decisions about your case. Contact us to schedule a consultation and gain insight into your alimony concerns.
Can a Working Wife Get Alimony?
In New York, a working wife may be eligible for alimony if the court determines that she requires financial support. Alimony, also known as spousal support, is intended to help balance economic differences between spouses after divorce. It may assist the lower-earning spouse in maintaining a standard of living similar to that established during the marriage or support their transition to financial independence.
The amount and duration of maintenance are determined by a range of factors, including each spouse’s income and earning potential, the length of the marriage, and the recipient’s financial needs. Employment alone does not prevent a spouse from receiving support if the court finds that their income is not enough to meet their reasonable needs.
How Do I Modify an Alimony Order or Stop Paying if I Have Already Been Ordered by the Court?
The main purpose of alimony and spousal maintenance is to help your spouse get back on their feet after a divorce. In most cases, awarding alimony is not meant to be a punishment to the payor spouse. If your circumstances have significantly changed since the court issued the original maintenance order, you may petition the court to modify or terminate the obligation.
Courts may consider a modification request if there has been a substantial change in circumstances, such as:
- You experience financial hardship as a result of a lifestyle change
- You retire
- You lose your job or make less money than you did before the divorce was finalized
- Your spouse has gotten a job and become financially independent
- Your spouse remarries
- You contract an illness or sustain a disability that keeps you from working
These grounds may be useful, especially if the court has awarded permanent alimony to your spouse. However, if your financial hardship is self-induced, meaning you quit your job and became unemployed just to avoid paying alimony, the court may disregard your petition and order you to continue paying the same amount of spousal support or maintenance.
To pursue a modification, you must file a formal petition with the court that issued the original order and be prepared to present documentation supporting your claim. A hearing is typically required.
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Get the Help of an Experienced New York Spousal Support Attorney
Stopping the payment of alimony out of the blue can have enormous legal repercussions. Without a valid reason and without following the appropriate legal processes to modify your spousal support order, the court can order your wages to be garnished and use it to pay your outstanding payments. Any tax refund you receive may also be seized to pay for spousal support. In the worst-case scenario, a judge can hold you in contempt of court and sentence you to jail.
Richard Shum, a top-rated New York spousal support attorney, may be able to help you petition a modification of your spousal support order. At the Law Office of Richard Roman Shum, Esq., we understand the importance of being able to start anew after a divorce. This can be challenging if you are experiencing a financial strain in the form of having to pay spousal support.
Our skilled attorneys can help determine the legal options available for you to avoid paying a large amount of money for alimony or avoid paying it entirely. To schedule a complimentary consultation with one of our experienced New York spousal support attorneys, contact us today at (646) 259-3416.
