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New York Divorce Alimony

The New York divorce alimony or spousal support can be paid or received by either of the spouses irrespective of gender. Initially one of the statutes of the court of Alabama stated that it is only the husband who is burdened to pay the alimony while the wife is exempted from it. After the enactment of the law that legalized the gender neutral support in 1980, the Supreme Court of United States declared the particular statute of the Alabama court as unconstitutional. Viewing the proclamation of Supreme Court the local courts of New York amended their alimony laws to make them gender neutral.

The New Your divorce alimony is commonly known as maintenance as the meaning of alimony is some what different from that of maintenance or spousal support. Before the 1970s the alimony was mainly given to women who were regarded as innocent and are subjected to the financial crisis as because they have been divorced by their husbands. The burden of the payment of the alimony was more like a form of punishment or penalty for the husbands who were taken as the cause or initiator of the break up of the marriage. But in the later years the concept of alimony changed keeping in view the equal range of self-sufficiency attained by both male and female as well as the incidence of marital misconduct that are committed by the wife resulting in divorce.

The New York court acknowledges the spousal support not as alimony but as maintenance which is regarded as a means by which economic justice can be brought about among the spouses. The financially strong spouse is asked to pay the other if the court finds that the receiving spouse is incapable to maintain a decent standard of living that he or she used to enjoy before the divorce.

There are several parameters based on which the court decides the amount and duration of the New York divorce alimony. Factors like financial resources available with both the spouses, the ability to pay the sum of alimony by the payer spouse, the property assets, the retirement benefits, the potential income generation capacity of the spouses, the marketable skills of the recipient spouse, the duration of the marital life and such are taken under consideration while making a decision on awarding of alimony. If you are interested to know the details of the various factors or guidelines set for the New York divorce alimony, you may go through the articles from 13-236B of the New York Consolidated Laws.

The court may allow temporary payment while the divorce case is waiting for its final judgment. The permanent form of alimony is very rarely awarded depending upon the length of the marriage life as well as the age, health and the financial and non-financial support contributed by the receiving spouse during the marriage life for the welfare of the family and also for the other spouse.

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