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How Long Will I Have To Pay Or Will I Get Alimony Or Spousal Support?


If the Family Court awards spousal support, its award is non-durational, meaning it does not end unless the marriage ends or the court otherwise modifies the award.

If Supreme Court makes an award of post-divorce maintenance, the court will first look to the length of the marriage. The statute provides:

Length of the marriage

Percent of the length of the marriage for which maintenance will be payable

0 up to and including 15 years

15%–30%

More than 15 up to and including 20 years

30%–40%

More than 20 years

35%–50%

Thus, for a ten year marriage, one should anticipate maintenance for somewhere between 18 to 36 months.

The court can deviate from these duration periods for the reasons set forth above in answer # 2.

I recently had a case where the court set the maintenance at a higher amount until the anticipated date of the payor’s retirement and then reduced the payments for the period post retirement.

How Is The Amount Of Alimony Or Spousal Support Determined?

While the court can deviate from the formula for the reasons set forth in answer # 2 above, the statute provides two mathematical formulas that I will outline below. (Or you can cheat by using the Office of Court Administration maintenance calculator, Click Here).

Doing things the hard way, where child support will be paid for children of the marriage and where the payor is also the non-custodial parent pursuant to the child support standards act:

  1. the court shall subtract twenty-five percent of the payee’s income from twenty percent of the payor’s income.
  2. the court shall then multiply the sum of the payor’s income and the payee’s income by forty percent.
  3. the court shall subtract the payee’s income from the amount derived from clause (b).
  4. the court shall determine the lower of the two amounts derived by clauses (a) and.

Where child support will not be paid for children of the marriage, or where child support will be paid for children of the marriage but the payor is the custodial parent pursuant to the child support standards act:

  1. the court shall subtract twenty percent of the payee’s income from thirty percent of the payor’s income.
  2. the court shall then multiply the sum of the payor’s income and the payee’s income by forty percent.
  3. the court shall subtract the payee’s income from the amount derived from clause.
  4. the court shall determine the lower of the two amounts derived by clauses (a) and.

How Does The Commission Of Adultery Impact Alimony Or Spousal Support Award?

Although marital fault, in an appropriate case, may be a factor in fixing an award of maintenance, a single act of adultery is not so egregious as to warrant its consideration. (Corsal v. Corsal, 204 A.D.2d 1076 [4th Dept. 1994]). I cannot find a single recent case where adultery effected the maintenance award.

What Are My Rights If My Ex-Spouse Fails To Pay Spousal Support?

Certainly, the victimized spouse can seek a contempt adjudication. Further, one could seek a money judgment and to collect on the judgment. If there is a child support order, one can obtain the assistance of the Support Collection Unit.

What Important Information Should I Be Aware Of Regarding Spousal Support Or Alimony?

The tax laws will change effective January 1, 2019. We need to pay attention to these laws to determine whether the maintenance in your case will be deductible to the payor and income to the payee.

For more information on Length Of Alimony/Spousal Support In NY, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (845) 794-1303 today.

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