Alimony here refers to the most common type – General Term.
The length or duration of alimony is contingent on two factors.
The first is the length of the marriage. (Italics are quotes from the Alimony Reform Law.)
The length of the marriage begins, at a minimum, from the date of marriage. However, the court (or arbitrator) may increase the length … if there is evidence that the parties’ economic marital partnership began during their cohabitation … prior to the marriage.
If there was an economic marital partnership, an extension to the length of the marriage, is in the discretion of the judge (or arbitrator).
Some evidence of an economic marital partnership includes the couple:
- holding themselves out as an intact family;
- wearing rings, they bought for each other;
- participating in activities together with their children;
- vacationing together;
- sharing finances;
- sharing the cost of housing.
The length of the marriage ends when a spouse is served a notice of divorce.
The second factor. Once the length of the marriage is determined, the judge (or arbitrator) then sets the duration of alimony.
Presumptive limits on the duration of alimony are based on the length of the marriage.
Where the marriage is longer than 20 years, alimony may extend for an indefinite length of time… .
For 20 years or less there are four categories of duration:
(1) If the length of the marriage is 5 years or less, … not longer than one-half the number of months of the marriage.
(2) [for] 10 years or less, but more than 5 years… not longer than 60 per cent of the number of months of the marriage.
(3 [for] 15 years or less, but more than 10 years, …not longer than 70 per cent of the number of months of the marriage.
(4) [for] 20 years or less, but more than 15 years, …not longer than 80 per cent of the number of months of the marriage.
The above duration categories are presumptive and the judge (or arbitrator) may deviate from the presumption. (Rules for deviation are left for another article.)
So, to determine the presumptive duration of alimony, first determine the length of the marriage and then fit the length into one of the 5 duration periods.
© 2019 Anthony C. Adamopoulos
ANTHONY C. ADAMOPOULOS’ DIVORCE RESOLUTION SERVICES