Eiges & Orgel, PLLC Articles Temporary Alimony under New York Divorce Laws

Temporary Alimony under New York Divorce Laws

By Eiges & Orgel, PLLC  Jan. 25, 2013 10:30a

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.

Other Recent Articles

Study Shows Divorce Harms Health

A study published in the Journal of Health and Social Behavior several years ago revealed how those who lose spouses through divorce or death often face serious health repercussions as a result.
More Articles »

New York Marital Property Division in Divorce

New York uses the concept of equitable distribution when dividing marital property in a divorce. This means that the assets and property accrued during the marriage are divided as evenly as possible, ...
More Articles »

Study Shows Divorce Effects on Young Children

According to a study co-authored by an assistant professor at the University of Chicago, children aged five and under who are subjected to the impact of divorce are more likely to experience ...
More Articles »
(347) 848-1850
225 Broadway Suite 1607
New York, NY 10007
Contact our office by email or phone instantly by clicking the options below: