Spousal maintenance, also known as alimony, is a payment that is made from one spouse to the other after a divorce. It is intended to help the spouse who has a lower income to maintain a similar standard of living after the marriage has ended. In New York, the calculation of spousal maintenance is complex and can be affected by various factors. In this blog post, we will discuss the steps you need to take to calculate spousal maintenance in New York.
Step 1: Determine if spousal maintenance is applicable
The first step in calculating spousal maintenance in New York is to determine if it is applicable in your case. According to the New York State Domestic Relations Law (DRL), spousal maintenance is applicable in situations where one spouse is unable to support themselves adequately and the other spouse has the ability to pay. Factors that may be considered include the length of the marriage, the income and property of each spouse, and the health and age of each spouse.
Step 2: Calculate the income of each spouse
The next step in calculating spousal maintenance in New York is to determine the income of each spouse. This includes any income from employment, investments, rental properties, or other sources. The income of each spouse is then added together to determine the total income of the marriage.
: Determine the spousal maintenance guideline
In New York, there are guidelines that are used to determine the amount of spousal maintenance that should be paid. These guidelines take into account the income of each spouse and the length of the marriage. The guidelines are as follows:
- If the length of the marriage is less than 15 years, the spousal maintenance is calculated by subtracting 20% of the income of the spouse with the lower income from 30% of the income of the spouse with the higher income.
- If the length of the marriage is between 15 and 20 years, the spousal maintenance is calculated by subtracting 25% of the income of the spouse with the lower income from 30% of the income of the spouse with the higher income.
- If the length of the marriage is more than 20 years, the spousal maintenance is calculated by subtracting 30% of the income of the spouse with the lower income from 40% of the income of the spouse with the higher income.
Step 4: Consider other factors
While the spousal maintenance guidelines are a useful tool, they are not always the final word on the matter. There are several other factors that can be taken into account when determining spousal maintenance, including:
- The health and age of each spouse
- The earning capacity of each spouse
- The need for education or training to increase earning capacity
- The standard of living during the marriage
- The presence of children in the household
Step 5: Consult with a lawyer
Calculating spousal maintenance in New York can be a complex and time-consuming process. It is important to consult with a lawyer who is experienced in family law and can help you navigate the process. A lawyer can also help you negotiate a fair spousal maintenance agreement with your spouse.
Additionally, it is important to note that spousal maintenance in New York can be awarded on a temporary or permanent basis. Temporary spousal maintenance is usually awarded during the pendency of the divorce proceedings, while permanent spousal maintenance is awarded after the divorce is finalized.
It is also worth mentioning that the spousal maintenance guidelines in New York are subject to change. In 2021, the New York State Legislature passed a law that changed the way spousal maintenance is calculated. Under the new law, the income cap for spousal maintenance was increased, and the duration of spousal maintenance was modified based on the length of the marriage.
Calculating spousal maintenance in New York is a complex process that requires a thorough understanding of the law and various factors that can affect the outcome. While the spousal maintenance guidelines can be a useful tool, it is important to consider other factors and consult with an experienced family law attorney to ensure that you receive a fair and equitable spousal maintenance award.
As a law firm with experience in family law, at Michael D. Schmitt, ESQ., we can provide valuable assistance in cases involving spousal maintenance in New York. We can educate clients on the law, assist with calculations, negotiate agreements, represent clients in court, and modify orders if necessary. Our goal is to help clients achieve a fair and equitable spousal maintenance award that protects their best interests.
At our law firm, we understand that every spousal maintenance case is unique, and we approach each case with a personalized strategy tailored to the specific needs and goals of our clients. Our attorneys have a deep understanding of New York’s spousal maintenance laws and guidelines, and we keep up-to-date with any changes or modifications that may impact our clients’ cases.
When working with us on a spousal maintenance case, clients can expect a compassionate, yet practical approach. We strive to minimize conflict and reach a fair resolution that benefits all parties involved. We understand that spousal maintenance disputes can be emotionally charged, and we provide a supportive environment for our clients to discuss their concerns and goals.
Our law firm is also committed to providing excellent communication and transparency to our clients. We keep our clients informed throughout the legal process and ensure that they fully understand their options and the potential outcomes of their case.
If you are facing a spousal maintenance case in New York, our law firm is here to help. We have the knowledge, experience, and dedication necessary to achieve the best possible outcome for our clients. Contact us today to schedule a consultation and learn how we can help you with your spousal maintenance case.