Are alimony payments considered marital assets?

In New York, whether alimony payments are considered marital assets depends on the type of alimony involved. Generally, alimony payments that are part of a divorce settlement are not considered marital property. These are payments that one spouse is responsible for making to the other after the divorce is finalized and are not part of the final division of assets. Conversely, spousal maintenance payments, which are payments that the court orders one spouse to pay to the other to financially support them during or after a divorce, are considered marital assets. This means that any spousal maintenance payments must be included in the final division of assets. It is important for divorcing couples to understand how alimony is classified as a marital asset to ensure they are acting in compliance with New York State law. In some cases, this may have a significant impact on how the assets and debts are divided, so couples may want to seek the advice of a lawyer to make sure they are aware of how these payments are treated in New York. Additionally, couples can also discuss expectations for post-divorce alimony payments in a prenuptial agreement, which can also help avoid potential conflicts over alimony payments after the divorce is finalized.

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Are alimony payments considered marital assets?

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