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NYC Spousal Support Lawyer Ryan Besinque Explains Alimony Duration in New York
According to NYC spousal support lawyer Ryan Besinque, New York courts follow advisory guidelines to determine alimony duration. These guidelines suggest that for marriages lasting up to 15 years, maintenance may be awarded for 15% to 30% of the marriage's length. Marriages lasting between 15 and 20 years may result in maintenance lasting 30% to 40% of the marriage's duration, while marriages longer than 20 years could lead to support lasting 35% to 50% of the marriage's length. However, Besinque emphasizes that these percentages are not mandatory, and judges have discretion to modify the duration based on the specific details of each case.
Spousal maintenance in New York can be either durational or non-durational. Durational maintenance is awarded for a set period to allow the recipient spouse to gain financial independence. In contrast, non-durational maintenance, which is rare, may be granted in cases where the recipient spouse is unlikely to become self-sufficient due to age, health, or career sacrifices made during the marriage. NYC spousal support lawyer Ryan Besinque explains that long-term marriages where one spouse has significant financial disadvantages are the most common cases in which non-durational maintenance is awarded.
Besinque further clarifies that alimony automatically terminates under specific circumstances, such as the death of either spouse, the remarriage of the recipient spouse, or the recipient's cohabitation with a new partner in a financially supportive relationship. In addition, alimony orders may be modified or terminated if there is a substantial change in financial circumstances. Courts allow modifications when the paying spouse faces financial hardship due to job loss, disability, or retirement, or when the receiving spouse becomes financially independent through stable employment or other financial gains.
"Alimony in New York is not a one-size-fits-all determination," says Ryan Besinque. "Judges carefully evaluate the financial situations of both spouses, considering factors such as earning capacity, employment history, and the standard of living established during the marriage."
New York courts also consider various factors when determining alimony eligibility, including each spouse's financial need and ability to pay, the age and health of both spouses, contributions made to the marriage, and any loss of health insurance benefits due to divorce. Additionally, if one spouse has wasted marital assets or engaged in financially irresponsible behavior, the court may take this into account when awarding maintenance.
Enforcing spousal maintenance obligations is another key issue addressed by NYC spousal support lawyer Ryan Besinque. When a paying spouse fails to comply with a court-ordered alimony agreement, the recipient spouse has legal options to enforce the order. Non-payment of alimony can result in contempt of court charges, wage garnishment, bank levies, or even the suspension of the paying spouse's driver's license or professional licenses. New York courts have strict enforcement measures in place to ensure that spousal maintenance obligations are met.
In cases where a paying spouse faces genuine financial hardship, they may petition the court for a modification of alimony payments. However, Besinque explains that voluntary actions, such as quitting a job, are unlikely to justify a reduction in payments unless circumstances were beyond the payer's control. Similarly, if the recipient spouse's financial situation improves, the paying spouse may seek to terminate or reduce alimony obligations.
Understanding how long alimony lasts and what factors influence its duration is crucial for both paying and receiving spouses. With legal guidance from The Law Office of Ryan Besinque, individuals can navigate spousal support issues effectively, whether they are seeking maintenance, contesting payments, or requesting modifications.
For individuals dealing with alimony matters, legal support can be instrumental in ensuring fair and reasonable outcomes. NYC spousal support lawyer Ryan Besinque provides assistance with spousal maintenance cases, helping clients understand their rights and obligations under New York law.
About The Law Office of Ryan Besinque:
The Law Office of Ryan Besinque is dedicated to providing legal guidance in family law matters, including spousal support, divorce, and child custody. Led by NYC spousal support lawyer Ryan Besinque, the firm is committed to helping clients navigate alimony laws in New York. The firm works closely with individuals to protect their financial interests and secure fair outcomes in spousal maintenance cases. With a focus on personalized legal solutions, The Law Office of Ryan Besinque assists clients in seeking, modifying, or enforcing spousal support orders while ensuring compliance with New York family law regulations.
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