Money, Marriage, and Moving On: Alimony, Support, and Splitting Assets in New York

When navigating a divorce in New York, the terms alimony, spousal support, and equitable distribution often arise. Although they all deal with financial matters, they serve different purposes in the legal process. This guide unpacks these concepts, explaining how they work and how they differ under New York law.

 What Is Spousal Support?

Spousal support, often referred to as maintenance, is money paid by one spouse to the other while the couple is still legally married.

When Does Spousal Support Apply?

  • Typically, spousal support is requested during a legal separation or while a divorce is pending. This is called temporary support.

  • It ensures that a financially dependent spouse can maintain their standard of living until the divorce is finalized.

How Is Spousal Support Determined?

New York courts consider various factors when determining spousal support:

  • The length of the marriage.

  • Each spouse’s income, assets, and financial needs.

  • Contributions to the household, including child-rearing and homemaking.

  • Health and age of both spouses.

Spousal support is meant to provide temporary relief, though it can sometimes continue for longer periods in certain case

What Is Alimony (Post-Divorce Maintenance)?

Once the divorce is finalized, spousal support transitions into alimony, also called post-divorce maintenance. The goal is similar: to assist the lower-earning spouse in achieving financial independence.

How Is Alimony Different From Spousal Support?

  • Timing: Spousal support is granted during the marriage, while alimony starts after the divorce is finalized.

  • Duration: Alimony is often awarded for a limited time based on guidelines, depending on how long the marriage lasted and the recipient’s financial situation.

Types of Alimony

  1. Temporary Maintenance: Awarded during the divorce proceedings.

  2. Rehabilitative Maintenance: Meant to support the recipient until they can become financially independent, often through education or job training.

  3. Permanent Maintenance: Rare and reserved for cases involving long-term marriages and significant financial disparities.

 What Is Equitable Distribution?

Equitable distribution refers to the division of marital property during a divorce. Unlike spousal support or alimony, it focuses on dividing assets rather than ongoing payments.

Key Principles of Equitable Distribution

  1. Fair, Not Equal:

    • New York follows the principle of equitable (fair) distribution rather than equal (50/50) division.

    • Courts evaluate various factors to ensure a fair split of marital property.

  2. Marital vs. Separate Property:

    • Marital Property: Includes assets acquired during the marriage, such as homes, retirement accounts, and joint bank accounts.

    • Separate Property: Includes assets owned before marriage, inheritances, or gifts specifically given to one spouse.

Factors Courts Consider

  • Duration of the marriage.

  • Contributions of each spouse, both financial and non-financial (e.g., homemaking).

  • Economic circumstances of each spouse post-divorce.

  • Health, age, and earning potential of both spouses.

 How Alimony and Equitable Distribution Work Together

Alimony and equitable distribution often intersect in divorce cases. For example:

  • If one spouse receives a larger share of marital assets, they might receive less alimony.

  • Equitable distribution ensures both parties leave the marriage with a fair share of the assets, while alimony provides ongoing financial support for the lower-earning spouse.

 Example Case Study

Let’s say Sarah and John are divorcing after 15 years of marriage. Sarah has been a stay-at-home parent while John worked as a corporate executive.

  1. Equitable Distribution:

    • The court divides marital property, including their shared home and John’s retirement accounts, based on fairness. Sarah may receive a larger share since she sacrificed career opportunities to support the family.

  2. Spousal Support:

    • During the divorce proceedings, John pays Sarah spousal support so she can maintain her standard of living.

  3. Alimony:

    • Post-divorce, Sarah is awarded rehabilitative alimony for five years to allow her time to re-enter the workforce and become self-sufficient.

 Conclusion

Understanding the distinctions between alimony, spousal support, and equitable distribution is crucial when navigating divorce in New York. While alimony and spousal support focus on financial assistance, equitable distribution ensures a fair division of assets. Each plays a distinct role in helping spouses transition to independent lives after marriage.

If you’re facing a divorce, consulting an experienced family law attorney can help you understand your rights and secure a fair outcome tailored to your unique situation.

 

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