Alimony can be a contentious issue in divorce cases. The spouse who depended primarily on the other for financial support during the marriage worries about losing their standard of living, while the higher earning spouse is concerned about being obligated to pay a substantial monthly amount that is hard to shoulder. If alimony is a factor in your divorce, it is usually in your best interest to negotiate the amount and duration rather than leave it up to a court.

As you start thinking about alimony, remember that it is not designed as a punishment or reward to either spouse. Instead, the goal is to help the lower-earning spouse come close to the same standard of living they had during the marriage. In New York, there are two forms of alimony:

• Temporary spousal maintenance — This is alimony paid while the divorce is pending.
• Spousal maintenance — This is payment from one spouse to the other after the divorce is final. The amount and duration of the award are based on each party’s income and the length of the marriage.

If the parties can't come to an agreement, a judge will determine the amount of maintenance to award and for how long. Most couples would rather at least try to work out an arrangement between themselves rather than turn it over to a judge.

When negotiating spousal maintenance and maintenance, there are several things you should do:

• Have a lawyer on your side — Alimony will have a major impact on your financial life, so you’ll want to make sure you have an experienced negotiator on your side. Your lawyer can prevent you from negotiating yourself into a corner or agreeing to an unfair arrangement.
• Be ready to compromise — If you are the one receiving payments, understand that you may not get as much as you think you deserve. Meanwhile, if you’re paying, you might think you’re paying too much. Both parties should be ready to adjust their expectations and compromise.
• Don’t take the first offer — You’ll likely want to get the divorce over with and move on, but don’t rush into an alimony settlement for that reason. First offers are often unreasonable and are made as a way to start the negotiations.
• Keep your kids in mind — Alimony reduces income for the payer and counts as income for the recipient, which means alimony impacts child support calculations. You’ll need to negotiate both issues at the same time.

At Bombardo Law Office, P.C. in Syracuse, I represent New York residents in spousal maintenance negotiations and, when necessary, in litigation. Please call my firm, at 315-800-4002 or contact me online to schedule a consultation to discuss your alimony questions.