Hello all,
I have an urgent question regarding alimony laws in the state of New York.
I am married for 3 years with no children. During our marriage I worked for about a year as a part time medical receptionist but only in the last year.

My Husband has a senior position in a leading NYC accounting company and obviously he is the main provider.

Basically my question is - in case of divorce am I entitle for alimony payments? How is it calculated?

Any help will be appreciated.
D.

Hi D --

First of all - in mediation, you and your ex would discuss all of your respective thoughts/feelings about this issue. It's clear that you will have some transitional expenses, and transitional adjustment. Maybe he initiated this - in which case he may be feeling guilty, and be more open to helping you through this transition.

All of these things would be explored, in order to come up with a settlement that you both can live with.

Now, to answer your questions about the law:

Alimony in NY is no longer called alimony - it's called "Rehabilitative Maintenance." The goal of maintenance, as stated in the statute, is that everyone should become self-supporting.

There are 14 factors that a court would examine - and they add up to, basically, your life - your relative ages, earning history, earning potential, educations, whether one person gave up a career, or career growth, to care for children or contribute to the other person's career - and the lifestyle enjoyed during the marriage.

There is no formula - which means that spousal maintenance is one of the most hotly-fought-over areas of the law. It's highly discretionary. Some judges are generous - others not. It becomes the "luck of the draw" (as are so many things if you take it to a judge).

It sounds as if there is a big difference in your incomes - but it also sounds as if you have had a short marriage. Were you self-supporting before the marriage? If so - perhaps you would be expected to resume your pre-marriage lifestyle.

A "rule-of-thumb" that is used in the courts is that maintenance should last only for 1/3 to 1/2 the length of the marriage - which means that - for a 3 year marriage - the most you could expect would be 1 to 1 1/2 years of spousal support.

If you had become seriously disabled, such that you could not be expected to be self-supporting in your future, there would be a different result.

Best of luck to you, going forward,
Rachel

Hello Rachel,
My situation is similar except for two major differences:
We've been married for a longer period of time (5 years) and I left my job after the marriage (I was working as a secretary in a law firm before).

Where does the law stand in my situation and how would you help us resolve this issue if we would to go through mediation?
Thank you,
Sandra.

Hi Sandra,

In mediation, what we would discuss is the feelings of fairness, the relative differences in your incomes, and the detriment to your longer-range career plans of having left the workforce, to try to craft an agreement that would meet both of your needs, and feel fair.

The length of time of spousal support would most likely still be limited to 1/2 the length of the marriage - unless there were some compelling reasons on either side for another approach.

Overall - we are looking for something that feels fair to both of you.

Rachel