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What Factors Do New York Courts Consider When Awarding Alimony?

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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.

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