New York alimony awards are more commonly referred to as awards of "spousal maintenance." In New York, alimony is gender neutral. The Court can direct either party, regardless of their gender to pay spousal support to the other party. Unlike child support, there is not set formula for calculating the amount of New York alimony awards or the duration of the payments. Rather, the Court will base its determination of a consideration of a variety of factors, such as the age of the parties and their ability to be self-support and/or to provide support to the other party.

New York alimony cases should be examined in detail by an attorney before a request for support is filed. Because the Court will not make its New York alimony award pursuant to a specific formula, it is difficult to determine how much, if any, a party will receive. An experienced attorney will be able to assist you in filing a request with the Court that will optimize your chances of obtaining an award.

New York alimony can be durational or non-durational. This means that in New York, alimony can last indefinitely (such as until the death of either party) or for a set number of years. New York alimony, once ordered, can terminate early in certain circumstances such as if the recipient gets married or holds himself out as married. Holding oneself out as married does not mean mere cohabitation with a party of the opposite sex. Rather, the support recipient must openly represent that he is legally married even though he is not. If you are entering into a written or stipulated agreement with your estranged spouse, you should ensure that these termination events are clearly listed. Because parties can agree to other termination dates or events, you can be creative in negotiating an alimony award that best meets your needs and interests.