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CAN I GET ALIMONY?
January 23, 2018
People going through a divorce in New York always ask about the law regarding alimony. When one speaks about alimony in New York we typically refer to that as spousal maintenance or support.
We no longer call it alimony in New York.
Spousal support and maintenance is now primarily governed by statutes in New York and case law and it is agreed upon or court ordered. It is actually defined as money being paid from one spouse to the lesser monied spouse especially if there is a substantial disparity in income between the respective parties.
After October 25, 2015 the maintenance and spousal support laws changed and we now have a calculator that will help you determine what you can expect to pay or receive in a divorce action. To access the government calculator for those divorces started after October 25, 2015 click on the government link below:https://www.nycourts.gov/divorce/calculator_05192017.pdf.
After October 25, 2015 there is a presumptively correct amount to be paid. As stated above you can configure that with the help of an attorney with the web site link provided herein. After January 25, 2016 the new laws come into effect setting forth these presumptive amounts and the length of time you will pay or receive post judgment maintenance. If the amount derived from the guideline amount is not sufficient to meet your needs then the court may order a different amount, but the court has to explain the reasons why they have deviated from the guidelines amount. Once you run the numbers yourself always double check with an attorney who can also run the calculation by hand.
By Your New York City Divorce Lawyer