New York Permanent Alimony

Alimony is money that one former spouse (the “supporting spouse”) pays to the other former spouse (the “dependent spouse’) either as a lump sum or in a series of weekly or monthly payments pursuant to a divorce order. When a couple divorces either spouse can request the judge to order alimony—also referred to as spousal support or maintenance. While some people think that during a divorce proceeding alimony and child support are interchangeable, they are not. The purpose of alimony is for the supporting spouse to help the dependent spouse get back on stable financial footing while child support payments are contributions to the child’s needs. Alimony is generally intended to be temporary or “durational.” There are, however, instances in which alimony is permanent. In making a determination on whether or not to award support, how much to award, and whether the award should be durational or permanent, New York family law requires that the court consider a number of different factors. If you are contemplating filing for divorce, contact an experienced New York divorce lawyer who will work closely with you to help ensure that any support order issued is consistent with New York Domestic Relations law as well as represent you in child custody matters as well.

Because the purpose of alimony is to give the dependent spouse financial assistance while he or she looks for a job, learns a trade, or takes other steps to become financially stable and independent, alimony is typically “durational.” This means alimony is usually awarded for a fixed period of time. The period of time is usually no more than 50% of the length of the marriage.

Permanent or “nondurational” support is rare. The determination of permanent alimony in New York involves a thorough assessment of various factors to ensure a fair and just outcome. These factors include:

• Length of the Marriage. Longer marriages generally increase the likelihood of being awarded permanent alimony, as they often involve a more significant financial and emotional interdependence.
• Financial Needs and Resources of the Supported Spouse. The financial needs and resources of the spouse seeking support are carefully evaluated, taking into account their earning capacity, assets, liabilities, and overall financial situation.
• Standard of Living During the Marriage. The standard of living established during the marriage is considered to determine the appropriate amount of permanent alimony required to maintain a similar lifestyle post-divorce.
• Income and Assets of Both Parties. The court examines the income, assets, and potential for future income of both parties to establish a fair and reasonable alimony arrangement.
• Age and Health of Each Spouse. The age and health of both parties are critical factors. A spouse in poor health or advanced age may be granted higher alimony to meet their increased medical and living expenses.
• Contributions to the Marriage. Contributions made by each spouse to the marriage, whether financial or non-financial, are taken into account when determining permanent alimony. This can include contributions to childcare, household management, or supporting the other spouse's career.
• Employability and Education Level of the Supported Spouse. The court evaluates the employability and education level of the supported spouse to determine if they need additional support to gain financial independence through education or training.

If alimony is permanent, theoretically it will end only upon the death of the dependent spouse. However, there are other circumstances that will cause permanent alimony to end such as if the supporting spouse dies, the dependent spouse gets married, or the dependent spouse cohabitates with another person as a couple, or the circumstances of the supporting spouse changes in another way such that the court determines ending alimony is warranted.

In certain situations, either the paying or receiving spouse may seek a modification of permanent alimony. Changes in circumstances such as the paying spouse's loss of employment, retirement, disability, or a significant change in the recipient spouse's financial situation can warrant a modification. Just because a supporting spouse’s finances have changed does not necessarily mean that a judge will reduced or end permanent alimony. For example, if a supporting spouse files for bankruptcy or quits his or her job, there is a good chance that a judge will not modify a permanent order of support. Consulting with an experienced New York divorce lawyer is essential to navigate the legal process for modifying permanent alimony.


In New York matrimonial law, both prenuptial and postnuptial agreements play a crucial role in defining the terms of financial obligations, including alimony. When such an agreement is executed and covers alimony matters, it is generally legally binding, barring any instances of fraud or illegality. These agreements serve as a vital tool for couples to outline their expectations and responsibilities concerning spousal support.

Prenuptial agreements, entered into before marriage, stipulate the financial arrangements in the event of divorce. If a prenuptial agreement includes provisions related to alimony and is executed following appropriate legal procedures, the terms outlined within the agreement are generally considered binding. Courts typically uphold these agreements, provided they are fair, voluntary, and entered into with full disclosure of assets and liabilities.

Postnuptial agreements function similarly to prenuptial agreements but are executed after the marriage has already taken place. If a postnuptial agreement addresses alimony and meets the legal requirements, the terms within it concerning spousal support are typically upheld. However, like prenuptial agreements, postnuptial agreements must be fair, properly executed, and not involve coercion or duress. Alimony provisions within these agreements vary based on the couple's preferences and circumstances. Some pre- or postnuptial agreements explicitly state that neither party will be entitled to any form of alimony, whether temporary or permanent. Such agreements can provide a sense of financial certainty and control for both parties, outlining the intention to waive spousal support rights. Alternatively, the agreement might specify the terms of alimony, including the amount, duration, and conditions under which it will be paid. This approach allows the parties to negotiate and agree upon alimony terms that align with their expectations and financial situations.

In summary, prenuptial and postnuptial agreements significantly influence alimony matters in divorce. They establish clear guidelines regarding spousal support, reflecting the parties' intentions and expectations. Seeking an experienced legal counsel to draft and review these agreements ensures that they are valid, enforceable, and address the unique needs of both spouses.


Navigating the complexities of permanent alimony in New York requires the expertise of a seasoned family law attorney serving New York. Stephen Bilkis & Associates is committed to providing comprehensive legal assistance and guidance to individuals involved in spousal support matters. If you have questions or concerns regarding permanent alimony, we invite you to reach out for a consultation. Contact us today to schedule a consultation. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County, and Westchester County.