Figuring out alimony is a complicated (and emotional) task. There are multiple factors to consider, including the duration of support payments.
Unlike permanent alimony, open durational alimony terminates upon the supporting spouse reaching full retirement age (although this presumption can be rebutted). This type of alimony is typically awarded for short and moderate-term marriages.
Durational Alimony Calculator
Aside from knowing what is durational alimony, you may also want to know how to become eligible. A judge will use this calculator and other factors to determine if durational alimony is appropriate. This type of spousal support lasts for a set amount of time that cannot exceed the length of the marriage. It is modifiable based on substantial changes in circumstances, but it terminates upon the death of either party or the receiving spouse’s remarriage.
This alimony may also be part of a rehabilitation alimony award to help the recipient spouse learn the skills necessary to become self-sufficient. It is sometimes awarded as reimbursement alimony to a spouse who paid for the other spouse’s education or training.
Permanent alimony is typically only awarded following a long-duration marriage; the Court can grant it after a moderate-length union under certain circumstances. The Court will consider the statutory alimony factors, tax considerations (both parties’ incomes), and assets (e.g., investments, rental properties). A judge will also consider the recipient spouse’s needs and the payor’s ability to pay.
Durational Alimony Factors
Durational alimony is known as “term alimony” and has a specific end date. It may be extended if the Court determines that it is necessary, but it cannot last longer than the length of the marriage.
Generally, this type of spousal support is more appropriate for short-term and moderate-term marriages. It is not available to spouses in long-term marriages since they are likely eligible for permanent alimony.
The Court will look at various factors when determining the length of durational alimony. These include spouses’ earning capacities, educational levels, and vocational skills. It is also essential to consider the standard of living that was enjoyed during the marriage. The Court will attempt to maintain that standard of living or at least ensure the recipient’s spouse can do so. It will also consider any financial wrongs committed by one spouse that have cost the other spouse money.
Rehabilitative Alimony Calculator
For example, suppose a spouse sacrificed their career ambitions to stay home with the kids and now finds it difficult to reenter the workforce. In that case, they may be eligible for rehabilitation alimony. Similarly, a judge could award rehabilitative alimony to pay for the cost of education and training.
A judge can end their alimony payments once the recipient spouse has re-trained or re-educated. In the past, courts used to award permanent alimony but have increasingly shifted towards durational awards, which end after a fixed amount of time.
But there are still some instances where a permanent alimony award is appropriate. For example, if a spouse is of an age where they are unlikely to enter the workforce again, even with the proper training or education. They would be at a substantial financial disadvantage. The Court would also consider imputing income to a payor spouse who can earn more but chooses not to work full-time.
Rehabilitative Alimony Factors
Rehabilitative alimony is designed to provide payments to help the dependent spouse obtain education or job skills that will allow them to support themselves. This type of alimony typically lasts for a limited time. Our Bronx divorce attorneys recommend that spouses seeking this type of alimony prepare and present a detailed plan for the training or education they need to become self-sufficient.
Generally, the Court will consider relevant factors in determining whether to award rehabilitation alimony. This could include the length of the marriage, but that’s only sometimes the only factor. The Court may also consider the standard of living established throughout the marriage and how it will be difficult for one spouse to reenter the workforce.
The judge is allowed broad discretion in deciding how long to award rehabilitation alimony and the amount of rehabilitative alimony. Most rehabilitative alimony awards do not exceed 20 years, and most are terminated when the receiving spouse remarries or retires.