Temporary Alimony under New York Divorce Laws

Under New York's 2010 no-fault divorce law, a strict formula was put into place for temporary alimony awarded to one of the parties during a pending divorce. Prior to this, temporary alimony payment amounts were left up to the discretion of the court. Under the new regulations, the formula is applied to those who earn up to $524,000 per year; salary is a primary consideration. The formula requires that alimony is calculated at 30 percent of the income brought in by the higher earner minus 20 percent of the income earned by the lower-producing spouse. Those awarded this type of alimony cannot receive more than 40 percent of the couple's combined income. Judges are still given discretion to adjust temporary alimony payments higher or lower, based on individual circumstances.

Permanent alimony, otherwise known as spousal support, is not regulated by any strict formula in New York or other states. This type of alimony, which can go on for years after a divorce has been finalized, is left up to the divorce judge's discretion and is based on many factors in the divorce case. These factors include the length of the marriage, the ages and health of each party, each party's earning capacity, what each has contributed to the marriage, the standard of living established during the marriage, the ability of the paying party to provide such support to the other, and many other considerations.

New York Divorce Lawyer

Going through a divorce is generally a very difficult process, involving many decisions and the need to fully understand the impact that such decisions will have on your long-range plans and future. That is why it is important to have the experienced advice and guidance of an attorney who focuses on divorce in your area. At the family law firm of Eiges & Orgel, PLLC, you will have the benefit of a legal team with more than 30 years of experience in this field. The firm has offices in Queens, Manhattan, and Brooklyn and offers many divorce options, including flat-fee divorce and collaborative divorce, which is a more user-friendly method of marriage dissolution than courtroom litigation.

To learn how a skilled and compassionate divorce attorney from the firm can help you, contact their offices for a comprehensive consultation today.