In New York State, alimony is known as spousal maintenance. This is defined by the NYS Unified Court System as “support paid by one party to the marriage for the support of the other party to the marriage pursuant to a final Judgment of Divorce,” sometimes also referred to as “post-divorce maintenance” or “spousal support.” In the event that a spouse fails to pay this court-ordered alimony in the state of New York, he or she may be subject to penalty, which can include the indefinite suspension of driving privileges or the receipt of a civil contempt sanction, or even incarceration.
Generally speaking, these punishments will not be handed down without a prior warning; however, a second chance is rare. Usually, the spouse who failed to pay the court-ordered spousal maintenance will also be ordered to pay the attorneys' fees incurred by the other spouse for the legal work necessary to force him or her to pay.
Income and property of each party
Length of the marriage
Age and health of both parties
Present and future earning capacity of both parties
Need of one party to incur education/training expenses
Existence and duration of any premarital or pre-divorce habitations
Acts that have inhibited a spouse’s ability to obtain employment
Ability of the spouse seeking maintenance to become self-supporting
Reduced or lost lifetime earning capacity of the spouse seeking maintenance
Where the children live
Need to care for family members other than children
Inability of one spouse to obtain employment due to age or absence from workforce
Need to pay for exceptional additional expenses
Tax consequences to each spouse
Equitable distribution of marital property
Contributions and services of the spouse seeking maintenance
Wasteful dissipation of marital property by either spouse
Transfer or encumbrance made in contemplation of a matrimonial action
Loss of health insurance benefits upon dissolution of the marriage
Any other factor the court expressly finds to be just and proper
Should any of the above factors change over time, as in the case of either spouse remarrying, cohabiting with another, or passing away, a modification in maintenance will be permitted. Each situation is unique and must therefore be evaluated as such by a team of experienced divorce and spousal maintenance lawyers. Following the divorce proceedings, it is important to continue to consult with your law firm should the need arise, specifically if a supporting spouse fails to keep up with alimony payments.
For further information about spousal maintenance, or for guidance on how to enforce payment of it, contact Sunshine & Feinstein today for a consultation.