Did you know that John Milton, one of the greatest English poets after Shakespeare, put his literary career at risk by speaking out in favor of divorce? After experiencing his own marital struggles, he believed that divorce should be allowed not just for adultery, but also for incompatibility. Milton thought that if a couple couldn’t find true companionship, it was better to separate than stay unhappily married. His ideas challenged the religious and legal norms of the 1640s. While he wasn’t concerned about the legal or financial aftermath of separation, modern divorces involve complex issues, especially in terms of finances. If you’re going through a divorce, a skilled alimony attorney can help protect your financial future.
Michelle Cimino has spent more than two decades helping clients like you resolve their divorces under New York law. She offers compassionate, experienced guidance to help you secure the financial support you deserve.
What Is Alimony?
Alimony
—also known as spousal support or spousal maintenance—is money one spouse pays to another following a divorce. The purpose of these payments is to allow the recipient spouse to maintain a stable lifestyle.
There are 5 types of alimony in New York:
- Pendente lite (temporary) alimony: This form of alimony is paid while a couple’s divorce is pending. While payments cease after the divorce is finalized, the recipient may be eligible for an additional type of alimony.
- Permanent alimony: When a spouse is seriously ill, disabled, elderly, or otherwise unable to support themselves, they can receive regular alimony payments until their death.
- Post-divorce maintenance: The divorcing spouses arrange payment length themselves. Alternatively, if they cannot reach an agreement, the court will determine the payment details. This type of alimony ceases if a spouse remarries, begins living with a romantic partner, or dies.
- Rehabilitative alimony: This form of alimony is paid to a spouse who didn’t work for a wage during the duration of the marriage. That spouse receives financial assistance from the other to attend school, take part in training programs, and do whatever else is necessary to secure work and become self-supporting.
- Restitutional alimony: This type of alimony compensates the spouse who provided financial support to the other during a period of rehabilitation or career transition. For example, if one spouse paid for the other’s education or training, restitutional alimony may compensate that supporting spouse.
An experienced alimony attorney like Michelle Cimino can help you determine which type of alimony to request based on your needs.
How Long Can I Receive Alimony?
The length of time you can receive alimony depends on factors like the length of the marriage, each spouse’s income, and state guidelines. In New York, the court typically determines the length of alimony based on these established legal procedures, but spouses can also agree on a duration as part of a settlement. Once approved by the court, that agreement becomes legally enforceable.
In some cases, support may be temporary, while in others, it can last for many years or even permanently.
Rehabilitative and restitutional alimonies have a beginning and an endpoint: they last the length of a career training plan, an academic degree program, or a job search. The other forms of alimony, however, tend to last longer.
Post-divorce maintenance is calculated as follows:
- Married for 15 years: Alimony lasts for 15-30 percent of the length of the marriage.
- Married for 15-20 years: Alimony lasts 30-40 percent of the length of the marriage.
- Married for more than 20 years: Alimony lasts 35-50 percent of the length of the marriage.
But post-divorce maintenance payments involve considerations other than the length of the marriage, such as:
- Earning potential
- Physical and mental health
- Spousal contributions to household duties
Pendente lite alimony, like post-divorce maintenance, is also calculated using a specific formula. The amount of pendente lite alimony a spouse receives is determined in 3 steps:
- A judge takes 30 percent of the paying spouse’s income and subtracts 20 percent of the recipient’s income.
- A judge multiplies each side’s income by 40 percent, then subtracts the income of the recipient.
- Whichever of the 2 results is lower is the amount awarded to the recipient.
Ultimately, the type of alimony you’re awarded depends on the nature of your marriage, what type of divorce you’re undergoing (contested or uncontested), and a variety of lifestyle factors.
How Can an Alimony Attorney Help Me?
A qualified alimony attorney can help you understand the alimony process more clearly. They can also come to your aid should your ex-spouse stop paying alimony. An alimony attorney can help you receive payment by representing you in court to ensure the court order is followed. Following the receipt of a court order, a court might do any of the following to your spouse:
- Garnish their wages
- Place a lien on their home
- Seize their bank account
- Suspend their license
- Take their tax returns
It’s not uncommon for a paying spouse to attempt to evade their responsibility for paying alimony. A good attorney can make sure they don’t make your post-divorce life more challenging than it already is.
Alimony vs. Child Support
Alimony allows a spouse to pay their expenses following a divorce. Child support, on the other hand, is a separate payment given to maintain a child’s expenses.
In New York, child support continues until the child is 21. There are some exceptions per NYS law:
- The child is married.
- The child is in the military.
- The child is self-supporting.
- The child leaves a parent’s home and refuses to obey their “reasonable commands.”
Following your divorce, you may be entitled to both alimony and child support payments. Don’t let yourself be intimidated into believing otherwise.
Contact an Alimony Attorney in Rochester Today
Divorce has long raised difficult questions about how to balance personal freedom with legal and financial responsibilities. Today, those responsibilities are often more complex than in centuries past, especially when it comes to securing fair financial support. With nearly 30 years of experience practicing family law in the Rochester area, Michelle Cimino can support you with the knowledge, advocacy, and compassion you need to protect your future. To schedule a consultation or learn more, contact us today and move forward with confidence.
