Will I Have to Pay Alimony in New York?

When facing divorce in New York, one of the most common questions is whether alimony—called “spousal maintenance” in the state—will be part of the court’s decision. Spousal maintenance is financial support paid by one spouse to the other during or after a divorce. Its purpose is to help ensure that both parties can maintain a standard of living that is as fair as possible.

How Courts Decide on Alimony in New York

In New York, spousal maintenance is not automatic. Instead, courts evaluate multiple factors to decide if it should be awarded, how much should be paid, and for how long. These factors include:

• Length of the marriage – Longer marriages often result in longer or higher awards of maintenance.
• Income and earning capacity – Courts compare each spouse’s income and ability to support themselves.
• Age and health – If one spouse has health issues or limited ability to work, this can affect the decision.
• Contributions during marriage – Non-financial contributions, such as raising children or supporting the other spouse’s career, are also considered.
• Need for education or training – If one spouse requires time or resources to re-enter the workforce, maintenance may be ordered.

Temporary vs. Post-Divorce Maintenance

New York courts may award temporary maintenance while the divorce is ongoing to help the lower-earning spouse manage expenses. Once the divorce is finalized, the court may order post-divorce maintenance, which could be short-term or long-term depending on the circumstances.

Modifying or Ending Alimony

Alimony orders are not always permanent. They can be modified if there is a significant change in circumstances, such as job loss or health issues. Payments typically end if the receiving spouse remarries or if either spouse passes away.

Why Legal Guidance Matters

Every divorce case is unique, and the outcome depends heavily on the specific facts of your situation. Understanding your rights and obligations is essential before negotiating or appearing in court.

At Sayegh & Sayegh, we provide legal assistance to the Yonkers public and can guide you through the complexities of spousal maintenance in New York.