What is Permanent Alimony in New York?

November 25, 2015

When a couple decides to get divorced, a judge will often order one spouse to pay the other spousal support, also called alimony. There are several types of spousal maintenance and the length of time one spouse has to pay the other depends on a variety of factors.

If one spouse relied on the other for a very long time, they may be entitled to many years of alimony. In fact, permanent alimony is a type of support granted to some spouses; NY courts are given discretion when it comes to this topic. Other states, including New Jersey, have done away with forever alimony or limit it to the number of years the couple was married. In New York, however, the laws are not clear-cut.

On a positive note for those who have to pay alimony, New York has adopted laws that permit judges to terminate alimony responsibilities if the spouse who collects alimony decides to live with another person.

Additionally, a judge will take these issues into account when determining the length of an alimony order:

• Can the person who deserves alimony get a job to support themselves after the divorce?
• Can that person go back to school to become employable?

It’s important to understand that judges know often people decide to stop working to take care of the home and children while the other spouse works outside of the home. When this happens, the homemaker may have a significantly reduced ability to earn a living after the divorce. This is an example of when a judge may order permanent alimony.

If you are thinking about divorce, don’t go through the process without an experienced family lawyer by your side. Jonathan Katz Esq. will fight for your rights during the divorce regarding your children and spousal support. Contact him today for a consultation about your situation.