New York Divorce Lawyer – Temporary Spousal Maintenance
New York’s New Temporary Maintenance Statute
Simultaneously with the new “no-fault” grounds for divorce which went into effect in October of 2010, New York also has new criteria for the payment of temporary maintenance during the period of divorce (previously known as spousal maintenance and alimony).
The temporary maintenance statutory guidelines allow for a speedy resolution of payment of temporary maintenance. It is intended to provide consistency and predictability for temporary maintenance awards in much the same way that state child support guidelines provide consistency for the awarding of child support.
The new law provides a process and a fixed formula for determining the amount of temporary maintenance. The new statute states that temporary spousal maintenance will be mandatory when one spouse’s income is two-thirds or less than the income of the other spouse. For instance, if the higher-income spouse earns $90,000 a year, the guidelines will only apply if the lower-earning spouse’s yearly income is less than $60,000.
Once the income threshold has been met, then the amount of maintenance will be calculated using two formulas.
- The first formula takes 30% of the higher-earning spouse’s income, and from that subtracts 20% of the lower-earning spouse’s income.
- The second formula takes 40% of the combined income of both spouses, and from that subtracts the lower-earning spouse’s income.
The court will fix temporary maintenance in the lesser amount of these two formulas.
The new guidelines replaces the current factors used to determine temporary maintenance, particularly actual and reasonable needs and the pre-divorce standard of living.
The length of marriage was previously an important consideration in determining whether a spouse was entitled to temporary maintenance. Under the new law, the duration of the marriage is not a factor. A long-term marriage of 25 years is treated the same as one that ended soon after the honeymoon. Potentially, a spouse who has only been married for a short period of time could be awarded substantial temporary maintenance.
Calculating Temporary Spousal Support
For purposes of calculating temporary maintenance, under the new guidelines the income of the higher-earning spouse is capped at $500,000. In the event that his/her income exceeds this amount, the court must consider a range of factors to determine any additional amount of temporary maintenance that spouse will pay.
Assuming one spouse earns $500,000 and the other spouse has no income, the non-monied spouse would receive temporary maintenance of $150,000 per year, or $2,885 per week.
The court must order temporary maintenance, unless the court finds that the award is unjust or inappropriate. In which case the court may adjust the award of temporary maintenance after considering 17 factors.
Talk to a New York Divorce Lawyer About How This Statute Will Affect You
At the Midtown Manhattan law office of Myburgh Law, P.C., I represent clients across New York City in contested and uncontested divorce proceedings. With more than 25 years of diverse legal experience, I can be a strong and effective advocate in your divorce case, ensuring that you are not financially hindered by excessive spousal maintenance or by a lack of needed support.
