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New York Alimony Laws
Go to another New York divorce page.New York laws allow the court to order alimony to a dependent spouse, in such amount as justice requires, if the dependent spouse lacks sufficient property and income to provide for his or her reasonable needs, and if the other party has sufficient property or income to provide for the reasonable needs of the other. In determining the amount and duration of maintenance the court shall consider:
(1) the income and property of the respective parties including marital property distributed in the divorce;
(2) the duration of the marriage and the age and health of both parties;
(3) the present and future earning capacity of both parties;
(4) the ability of the party seeking alimony to become self-supporting and, if applicable, the period of time and training needed to become self-supporting;
(5) reduced or lost lifetime earning capacity of the party seeking alimony as a result of having foregone or delayed education, training, employment, or career opportunities during the marriage;
(6) the presence of children of the marriage in the respective homes of the parties;
(7) the tax consequences to each party;
(8) contributions and services of the party seeking alimony as a spouse, parent, wage earner and homemaker, and to the career or career potential of the other party;
(9) the wasteful dissipation of marital property by either spouse;
(10) any transfer or encumbrance made in contemplation of a matrimonial action without fair consideration;
(11) the standard of living of the parties established during the marriage; and
(12) any other factor which the court shall expressly find to be just and proper.
The court may award permanent alimony, but an award of alimony terminates upon the death of either party or upon the recipient's remarriage.
-From Article 13-236B of the New York Consolidated Laws.
Learn more about general alimony laws.
If your divorce is uncontested, we would love to guide you through the process from beginning to end. Learn more about how our uncontested divorce services can help you through your divorce.
Other pages on New York divorce laws:
General New York Divorce Laws
Alimony Divorce Laws in New York
New York Child Custody Laws
New York Child Support Laws
New York Laws on Property Division
© Help Yourself Divorce 2002-2008
IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don't rely on this information for legal advice. Seek help from an attorney if you need legal advice.
This information has been summarized from the New York statutes. You can find the full-text version of these and other New York divorce statutes online here: New York Divorce Laws.