As your marriage ends, you’re likely facing complex financial decisions, especially when it comes to spousal support. Maybe you were the main financial provider of your household, and you’re wondering how much you’ll need to pay after a high-net-worth divorce. Perhaps you supported the household in other ways, and you’re factoring the alimony you’ll receive into your future budget. Regardless of where you are in your divorce or separation, you’ve reached the point where you’re wondering: How long does alimony last in New York?
State law sets a standard for alimony payments in section 236 of the Domestic Relations Law, using the term “maintenance” interchangeably. The type of alimony that eventually ends is called durational alimony. In this situation, the higher-earning spouse provides the lower-earning spouse with income while they build the skills to sustain themselves outside the marriage. The predominant factor in determining durational alimony is the length of your marriage.
But when it comes to how long one spouse will continue paying the other, factors may make some forms of alimony permanent, while certain events may cause them to end.
How Long Does Alimony Last in New York?
New York separates temporary maintenance during a divorce from post‑divorce maintenance that’s given after the final judgment. During the divorce proceedings, the higher‑earning spouse (the payor) may be ordered to make temporary, or “pendente lite,” maintenance payments to the lower‑income spouse. The term pendente lite literally translates from Latin to “during litigation.”
Then, once the divorce is finalized, the post-divorce maintenance period begins.
Post-divorce maintenance calculations determine the length and amount of durational alimony. In general, the guidelines for determining the length of post-divorce alimony in New York state are largely based on the length of the marriage.
- For a marriage of up to 15 years, alimony lasts for 15-30% of the marriage length.
- When a marriage lasts 15-20 years, payments last for 30-40% of the marriage length.
- For a marriage lasting more than 20 years, maintenance lasts for 35-50% of the marriage length.
So, a 10-year marriage could mean 1.5-3 years of payments. On the other end of the spectrum, a 30-year marriage could mean up to 15 years of payments. However, other factors related to your marriage and separation will also affect how long alimony lasts.
Other Factors That Determine Alimony Length
Several factors can stop maintenance payments altogether, while others may cause them to go on indefinitely.
Termination of Payments
Alimony payments might cease depending on whether terminating events occur. Some events automatically stop payments without court action. For instance, if either party in the alimony agreement dies, payments end. The obligations or rights to alimony do not pass on to estates. Maintenance payments also cease if the recipient spouse gets remarried.
Other terminations need to be court-ordered. For instance, the recipient might lose payments under a court order if they enter into a marriage-like relationship with a new partner. If they begin living together and sharing expenses or finances, the court may determine that support is no longer necessary. To end alimony on these grounds, there must be clear proof that the recipient and their new partner are financially supporting each other.
Another instance in which the court can terminate maintenance is when the payor experiences a substantial drop in income or financial hardship. The payor must prove their circumstances are ongoing and involuntary. On the other hand, if the recipient’s financial situation improves, for example, from a new job or inheritance, a court might terminate payments because post-marriage support is no longer necessary.
Permanent Post-Divorce Support
Other life situations can result in permanent post-divorce payments. For instance, if the receiving spouse is of an age that makes it hard to reenter the workforce, is experiencing severe illness or disability, or is permanently unable to support themselves, they can receive permanent alimony from the paying spouse.
Regardless of where you are in your divorce proceedings, and whether you think you’ll receive or pay out alimony, it’s worth it to speak to an experienced spousal support lawyer who understands New York’s laws. Michelle Cimino has over 20 years of experience representing clients like you and has earned a reputation as one of the best divorce lawyers in Rochester, NY. She is ready to listen compassionately to your circumstances and answer any questions you might have in a consultation. She will make sure you receive or pay what’s fair under the state’s post-divorce support requirements.
Speak With an Experienced Divorce Lawyer
In New York, the duration of alimony often depends on how long the marriage lasted, but that’s only part of the picture. Other factors can extend or shorten the timeline, and in some cases, support may continue indefinitely. Still, it’s important to remember that certain life changes can bring those payments to an end. Understanding what to expect can help you plan confidently as you move forward.
At The Cimino Law Firm, we understand that divorce proceedings can be stressful. And with so many rules, you might worry if what you’ll pay or owe is fair. That’s why you need a trustworthy family law expert to listen to your circumstances without judgment. Michelle Cimino is an experienced divorce lawyer ready to demystify alimony. She will fight to make sure post-divorce payments are applied fairly and give you the best possible outcome.
Don’t go through divorce proceedings alone. Schedule a confidential consultation today.
