Spousal maintenance, often referred to as alimony, is financial support provided by one spouse to the other after a divorce. It helps the lower-earning spouse maintain a similar standard of living after the separation. The duration of spousal maintenance varies based on several factors, including the length of the marriage and each spouse’s financial circumstances. Laws consistently change, so you may want to seek help from a legal professional to understand how long spousal maintenance is in the state.
Duration and responsibility for spousal maintenance in New York
In New York, the duration of spousal maintenance depends on the length of the marriage. For marriages lasting up to 15 years, maintenance typically lasts 15 to 30 percent of the marriage’s duration. For marriages lasting 15 to 20 years, it ranges from 30 to 40 percent, while marriages over 20 years see maintenance lasting 35 to 50 percent of the marriage duration. The higher-earning spouse usually pays spousal maintenance to the lower-earning spouse, ensuring financial stability during the transition to independence.
Consequences of non-payment
When a spouse fails to pay spousal maintenance, the receiving spouse can face financial hardship. New York law provides remedies to enforce payment. The court may:
- Garnish wages
- Seize assets
- Hold the non-paying spouse in contempt
The paying spouse must understand their obligations to avoid these severe consequences, which may also result in jail time if found to be in contempt.
Can you enforce spousal maintenance?
The receiving spouse should take immediate action if a spouse does not fulfill their spousal maintenance obligation. They can file a petition with the court to enforce the order. The court can use various methods, like income execution or asset seizure, to ensure compliance.
Dealing with divorce and everything that comes with it is never easy. With the proper legal guidance, you can protect your rights and ensure you receive the support you are entitled to under New York law. By understanding your rights and options, you can work towards a resolution that supports your well-being and long-term goals.