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New York Alimony Form Categories New York Alimony Law

Alimony FAQ Alimony Laws New York State

What is alimony?  Alimony is an order of a court for the support of one spouse by the other spouse. State law, which varies by state, governs the award of alimony to a spouse. On application of either party for spousal support, the court may decree an increase or decrease only upon a showing of a substantial and material change of circumstances. Alimony may terminate upon the death of either spouse, the marriage of the spouse receiving alimony or, if the court finds that alimony should terminate in order to avoid a harsh and inequitable result.

Am I entitled to alimony when I divorce?  The court may award permanent or temporary alimony or both to either party, and in so doing may consider, but not be limited to, the following factors: The actual need

  • Ability to pay
  • The duration of the marriage
  • The age of the parties
  • The physical health of the parties
  • The emotional health of the parties
  • The standard of living established in the marriageand the likelihood that each party can maintain a reasonably comparable standard of living
  • The earning capacities of the parties
  • The educational levels of the parties
  • The vocational skills of the parties
  • The employability of the parties
  • Marital misconduct
  • The length of absence from the job market
  • The custodial responsibilities for children of the party seeking alimony
  • The time and expense necessary to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment, and the availability of the training and employment
  • The opportunity for future acquisitions of capital assets and income
  • The history of the non-financial contributions to the marriage by each party including contributions to the care and education of the children and interruption of personal careers or educational opportunities
  • The history of the financial contributions to the marriage by each party including contributions to the care and education of the children and interruption of personal careers or educational opportunities
  • The equitable distribution of property ordered and any payouts on equitable distribution, directly or indirectly, out of current income, to the extent this consideration is reasonable, just and fair and
  • Any other factors which the court may deem relevant.

What is a Divorce Agreement?

A divorce agreement is a legal document that outlines the terms and conditions of a couple's separation. It is created when a married couple chooses to end their marriage and go their separate ways. In New York, a divorce agreement typically covers important aspects such as child custody and visitation rights, division of assets and debts, alimony or spousal support if applicable, and any other relevant issues. The agreement is important because it helps both parties to have a clear understanding of their rights and responsibilities post-divorce, allowing them to move forward with their lives independently.


Step 1 – Provide Parties and Marriage Information

Step 1 in obtaining a marriage license in New York requires providing information about both parties involved. This includes sharing details like names, addresses, dates of birth, and social security numbers. It's important to provide accurate and up-to-date information to ensure the legality of the marriage. Additionally, relevant marriage information such as previous marriage history or divorces must be disclosed during this step. This information is necessary for the authorities to process the marriage license application correctly.


Petitioner and Respondent Information

In New York, when a legal case is taken to court, the two main parties involved are known as the petitioner and the respondent. The petitioner is the person who brings the case to the court, often seeking a specific legal action, while the respondent is the person who needs to respond to the allegations made by the petitioner. These terms are used to identify who is making the claims and who is defending against them. It is important to accurately identify the petitioner and respondent to ensure fairness and legal procedure in the court proceedings.


Marriage Date and Location

A marriage date and location in New York refers to the specific day and place where two people decide to tie the knot and legally unite themselves as a married couple. It could be a beautiful garden ceremony in Central Park, an elegant reception at a lavish hotel in Manhattan, or a simple gathering with loved ones in Brooklyn. Getting married in New York offers couples a wide variety of options and venues to choose from, ensuring that they can create a memorable and meaningful experience that reflects their love and commitment to each other.