Spousal maintenance, or alimony, in the state of New York is determined based upon several factors. Generally, alimony is awarded in the form of rehabilitative, temporary, or permanent maintenance. A variety of elements are considered, including each spouse’s financial circumstance and the amount they are requesting.
What Is “Maintenance” in New York?
In the state of New York, what is called alimony or spousal support in many other states is called “spousal maintenance.” Maintenance is awarded when a divorce causes a significant disparity in the income levels of the two parties. Should the maintenance request be approved in a court of law, one spouse will pay spousal maintenance to the other.
Maintenance is paid by the spouse with the higher income. There are three types of maintenance recognized in the state of New York. They include:
- Pre-divorce maintenance: This is spousal support paid from one party to another before a divorce is finalized. One example of such a circumstance would be if a couple were to have a trial separation that caused a significant gap in income level between the two parties.
- Temporary maintenance: Also called pendente lite maintenance, this is support paid from one party to another between the time a couple files for divorce and when the divorce is finalized.
- Post-divorce maintenance: This is support paid from one spouse to another after the divorce is finalized.
How Is Maintenance Calculated?
There’s a fairly simple formula used to calculate spousal maintenance in the state of New York. One large factor is whether or not a couple has children. In most cases, children are considered to be dependents under the age of 21. Whether or not there are children, factors like standard of living, age, health, earning capacity, child support, and net incomes all play a role in determining the amount of spousal maintenance.
There are three ways maintenance is calculated:
- Subtract 20 percent of the payee’s income from 30 percent of the payor’s income
- Subtract 25 percent of the payor’s income from 20 percent of the payee’s income
- Subtract the payor’s income from the product of the spouses’ net income and 40%
For support purposes, if the difference between incomes is greater than $184,000, the higher earner will not be required to cover the overage. Only in some cases will exceptions be made. For these exceptions, factors like child support, age, future earning potential, and health will be important considerations.
How Could a New York Divorce Lawyer Help Me?
If you are attempting to sort out the implications of a spousal maintenance request, a divorce attorney can help. When you choose an attorney from The Mandel Law Firm, you’re saying yes to more than just a divorce lawyer. You’re choosing an experienced firm with years of success and many tried-and-true legal strategies. At The Mandel Law Firm, our attorneys will work to understand your financial circumstances, earning capacity, and health status and will provide you with a clear understanding of what you might expect in terms of spousal support.
Contact The Mandel Law Firm Today
If you or someone you love are in the midst of calculating spousal maintenance, you know how confusing a process it can be. Fortunately, the divorce attorneys at The Mandel Law Firm are ready and able to provide you with high-quality legal care as you work through the process.
Call The Mandel Law Firm today at (646) 770-3868 to schedule your confidential consultation. We’ll put you in contact with one of our attorneys so that you can discuss your situation and determine the best course of action as you work to calculate spousal maintenance.