Does New York Have Permanent Alimony?

Alimony, also known as spousal support or maintenance, is crucial in many divorces. As such, it’s vital to understand how long you may be obligated to pay or receive this financial support. If you are getting a divorce and alimony is a contentious issue, it’s in your best interest to contact a trusted Nassau County Alimony Attorney who can help safeguard your rights. Please continue reading to learn whether New York courts offer permanent alimony. 

What Factors Will the Court Consider When Awarding Alimony in New York?

Firstly, alimony is a periodic payment of support that one spouse may be required to provide to the other spouse following divorce. This court-ordered financial support is intended to minimize the economic disparity in a marriage and ensure that both parties can maintain a comparable living standing to which they enjoyed during the marriage.

It’s important to understand that a lower-earning spouse will not automatically be granted alimony. If you are seeking alimony, you must petition the court. A judge will then evaluate various factors to determine whether alimony should be paid, how much should be paid, and how long it will last. The court will also examine whether the party seeking support can demonstrate a need and the other party’s ability to pay. The following includes but is not limited to the factors the court will take into consideration when awarding alimony:

• The duration of the marriage
• The age of each party
• The physical and mental health of each party
• The standard of living established during the marriage
• The tax consequences for each party
• The income and earning potential of each party
• Parental responsibilities
• Each party’s contributions to the marriage
• Whether one party is financially dependent on the other
• Whether one party sacrificed their career to support the other
• Whether it would take education or training for the other spouse to get a job
• Any other factors the court may deem relevant

Do New York Courts Offer Permanent Alimony?

Permanent alimony, unlike other types of support, does not have a specific time limit for when it will expire. In New York, permanent alimony is referred to as “non-durational” alimony. This type of alimony does not have a predetermined end date. However, this doesn’t necessarily mean the financial support will be provided for the recipient’s lifetime. There are certain circumstances in which non-durational alimony can be modified or terminated.

Regardless of whether you are obligated to pay or entitled to receive alimony, please don’t hesitate to contact a determined Nassau County alimony attorney from The Pollack Law Firm, P.C. for the representation you deserve.