What Factors Do New York Courts Consider When Awarding Alimony?
- posted: Dec. 02, 0001
In New York, alimony laws are very specific about what factors the court must consider for awarding permanent alimony.
New York Domestic Relations (DRL) Article 13 § 236B6 lists these factors for courts to consider:
- Spouses income and property (including how marital property is distributed during divorce)
- Marriage length
- Spouses' ages and health
- Spouses' present and future earning capability
- Either spouse's need to obtain education or training
- Whether a pre-marital joint household or pre-divorce separate household existed and for how long
- Actions by spouses against each other that inhibited or continue to inhibit earning capacity or employment
- Ability of a spouse seeking support to become self-supportive, including time for education or training
- Reduced or lost lifetime earning capacity because the spouse seeking maintenance delayed or forewent education, training, employment or career opportunities during marriage
- Care of children, stepchildren, disabled adult children, step children, elderly parents or in-laws that lessened earning capacity
- Need to pay exceptional expenses for children
- Tax consequences
- Equitable distribution of marital property
- Contribution and services through homemaking or earning wages to the other spouse's career or career potential
- Any wasteful spending of marital property by either spouse
- Any transfer or encumbrance made when contemplating matrimonial action without fair consideration of the other spouse
- Loss of health insurance benefits due to divorce
- Any other relevant factors
Whether you are the spouse seeking alimony or the spouse subject to paying alimony in White Plains, NY, you should consult with a divorce attorney to protect your rights and interests.
Martin J. Rosen, PC has an in-depth understanding of the statutes and case laws that apply to alimony along with decades of experience handling alimony actions.
