Partner
Alimony, or spousal maintenance, is a financial arrangement in New York that helps support a spouse after divorce. The duration and amount of alimony depend on various factors, including the length of the marriage, each spouse’s financial situation, and the court’s discretion. Here’s what you need to know about how long you must be married to receive alimony in New York.
No Minimum Marriage Duration for Alimony
New York has no minimum marriage length requirement to qualify for alimony. This means that regardless of whether you were married for six months or 20 years, a spouse may still be eligible for alimony. However, the length of the marriage does influence how long alimony payments will last.
Courts are more likely to award alimony after a longer marriage than after a short one. While judges may use general guidelines, the final decision depends on the case’s specifics.
Factors That Influence Alimony Duration
The court considers several factors when determining the duration and amount of alimony, such as:
- Each spouse’s income and financial resources–The court will assess whether the receiving spouse has the means to support themselves post-divorce or needs financial assistance to maintain their standard of living.
- The length of the marriage–As mentioned earlier, longer marriages typically result in more extended alimony payments.
- Health and age–A spouse who is older or in poor health may require longer-term financial support.
- Earning potential and job skills–If one spouse needs time to develop job skills or re-enter the workforce, the court may grant alimony for a longer period to allow for training or education.
Types of Alimony in New York
Generally, there are two types of alimony in New York:
- Temporary spousal maintenance–The court might order temporary financial support for the spouse with lower or no income to help cover their expenses during the divorce. This support stops once the divorce is finalized.
- Post-divorce maintenance–Unless the couple has a prenuptial agreement or agrees on spousal support, the court will decide whether to award financial support after the divorce. This support is usually paid for a set period, but in some cases, it can be granted permanently.
Can You Modify or Terminate Alimony?
Alimony payments can be modified or terminated under certain conditions. For example, if the receiving spouse remarries or begins living with a new partner, the paying spouse can request the court to terminate alimony. Alimony may also be modified if there is a significant change in circumstances, such as a job loss or a substantial increase in either spouse’s income(
The Takeaway
No specific length of marriage is required to receive alimony in New York. However, the longer the marriage, the more likely alimony will be awarded for a more extended period. If you’re considering divorce and are unsure whether you qualify for spousal maintenance, contact Aiello & DiFalco today. Our experienced attorneys are here to guide you through every step of your divorce.