Who Pays Alimony in a Divorce?

Alimony, which is also known as spousal support or spousal maintenance, is a very misunderstood part of divorce proceedings. Typically, one of the first questions a family lawyer will get is "Who pays alimony?" or "Do I have to pay spousal support?"

The answer to this question actually depends on a number of factors. These might include the financial situation of either party, the length of the marriage, or even certain circumstances that are outlined by New York State Law.

For those going through a divorce in New York, it's important to understand what alimony is, who is owed alimony, and how the financial support paid to the receiving spouse is determined. Our team can also advise on who pays for child health insurance after divorce in NY.

What are Alimony Payments? The Same as Child Support?

Alimony payments are court ordered payments from one spouse to his or her spouse after a divorce. It is not the same as child support. In fact, in many cases, a spouse may pay alimony and child support payments to the other spouse.

Some people refer to these as spousal support payments or spousal maintenance payments, too. Basically, the purpose of alimony is to help the lower-earning spouse keep the same, or similar, standard of living, that they had with their former spouse.

Officially, in the State of New York, alimony is referred to as "spousal maintenance," but the terms can be used interchangeable. There are two main types:

• Temporary maintenance, which is temporary alimony (pendente lite alimony) paid to the recipient spouse during the divorce proceedings.

• Post-divorce maintenance, which paid after the divorce is finalized. The divorce decree will state if the payment is for a set duration of time, or if it is permanent alimony.

It's also possible that a court will award rehabilitative alimony, which is meant to help the receiving spouse to get financial assistance from their former spouse while they are gaining financial independence.

Reimbursement alimony is also possible. This occurs when one spouse, while the couple was married, paid a substantial sum for the education or training of the other spouse. The payor spouse, who had the education or training, if they make sufficient income, may be required to pay alimony to their former spouse to pay them back, or reimburse them for the payments they made previously. For more information, this divorce lawyer in Albany may be able to help.

Who Pays Alimony in a Divorce? Is it a Lump Sum or Payments?

Typically, the higher-earning spouse pays alimony to the lower-earning spouse. This may be the husband, or it may be the wife. It doesn't matter. New York courts do not take gender into account when they award alimony. It is at the judge's discretion to decide how it will work during the divorce process.

Factors that determine who pays include:

• Income disparity between the spouses

• Length of the marriage

• Each spouse’s earning capacity

• Age and health of both parties

• Standard of living during the marriage

• Child custody responsibilities

• Contributions to the household (including non-financial)

If both spouses earn relatively equal incomes, alimony may not be awarded at all if the judge decides that this is best.

How Is the Amount Calculated?

New York uses a formula to calculate temporary and post-divorce maintenance, which takes into account two things:

• Gross income of both spouses

• Whether child support is also being paid

That said, the court can deviate from the formula based on other factors like medical needs, tax consequences, or one spouse’s role as a stay-at-home parent. In this case, it's likely that the recipient is financially dependent on their former spouse, and they don't have the financial circumstances to survive on their own. The alimony order will include how much alimony is paid based on the spouse's ability to provide financial support to their ex. The court determines all of this in a divorce case.

How Long Does Alimony Last?

The duration of post-divorce maintenance in New York is often tied to the length of the marriage:

• 0–15 years: Support may last 15–30% of the marriage duration

• 15–20 years: 30–40% of the marriage duration

• Over 20 years: 35–50% of the marriage duration

Spousal maintenance usually ends when the recipient remarries, cohabits with a new partner, or either spouse dies. Alimony modification or termination may also occur if there’s a significant change in circumstances.

Can Spouses Agree to Waive an Alimony Award?

Yes. In some cases, both spouses agree that neither will pay or receive alimony. This agreement must be clearly stated in the divorce settlement and approved by the court. Waivers are often part of prenuptial or postnuptial agreements.

However, courts will still review both parties agreement to ensure it's fair and that both parties entered into it voluntarily and with full financial disclosure.

What If Someone Doesn’t Pay Alimony?

Failure to pay court-ordered alimony to the other party can result in serious consequences, including:

• Wage garnishment

• Property liens

• Seizure of tax refunds

• Suspension of driver’s or professional licenses

• Contempt of court charges, which may include jail time

If an ex-spouse is not making required payments, it's possible to file an enforcement motion with the family court.

Work with a Family Law Expert For Alimony Cases

Typically, the spouse who earns more during a divorce, regardless of gender, is responsible for spousal support. How much support and the duration are based on New York law and the individual circumstances of the parties involved.

Those concerned about whether they will be paying or receiving alimony, or those who need to modify an existing order, should work with a knowledgeable divorce attorney. They can also help with questions like when does a divorce decree expire in NY?

Divorce and Family Legal, LLC offers support for those who are going through a divorce, or those who have had divorces finalized, yet still need assistance with factors such as alimony payments. There are many factors that may affect these payments, and this is often argued about between the two parties. To get the most fair outcome in any divorce case involving alimony payments, it's best to contact the team at Divorce and Family Legal, LLC for a free consultation.