Spousal Support
Spousal support, also referred to as “maintenance” or “alimony,” is financial support paid by one spouse to the other during and after a separation or divorce. A petition for spousal support can be filed in Family Court, even if there is no divorce proceeding pending in Supreme Court. If there is a divorce case pending in Supreme Court, then the Supreme Court, which is a court of higher jurisdiction, can determine the issue of spousal support along with all the other issues pertaining to the divorce.
The purpose of spousal support is to essentially protect the less-monied spouse. In January 2016, New York State adapted a formula to establish the presumptively correct amount of “temporary” and “post-divorce” support to be awarded to the less-monied spouse That means during the pendency of the divorce action and after the Judgment of Divorce is issued. This is known as the Maintenance Guidelines Law. It also established guidelines on the length of time that maintenance should be paid after the divorce. For example, if the length of the marriage was between 0 years and 15 years, the duration of maintenance would be 15% to 30% of the length of the marriage. If the length of the marriage was between 15 years and 20 years, the duration of maintenance would be 30% to 40% of the length of the marriage and if the length of the marriage was greater than 20 years, the duration of maintenance would be 35% to 50% of the length of the marriage.
There are two formulas to determine the amount of the potential spousal support obligation. If you and your spouse have no children, the higher formula would apply. If there are children of the marriage, the lower formula would apply, but only if the maintenance payor is paying child support to the other spouse who has the children as the custodial parent. Otherwise the higher formula would apply.
The lower formula is:
1-Multiply Maintenance Payor’s Income by 20% . 2- Multiply Maintenance Payee’s Income by 25% . Subtract Line 2 from Line 1: = Result 1
Subtract Maintenance Payee’s Income from 40 % of Combined Income* = Result 2.
Enter the lower of Result 2 or Result 1, but if less than or equal to zero, enter zero.
THIS IS THE CALCULATED GUIDELINE AMOUNT OF MAINTENANCE WITH THE LOWER FORMULA
The higher formula is:
1-Multiply Maintenance Payor’s Income by 30% 2- Multiply Maintenance Payee’s Income by 20% Subtract Line 2 from Line 1= Result 1
Subtract Maintenance Payee’s Income from 40 % of Combined Income*= Result 2
Enter the lower of Result 2 or Result 1, but if less than or equal to zero, enter zero
THIS IS THE CALCULATED GUIDELINE AMOUNT OF MAINTENANCE WITH THE HIGHER FORMULA
*Combined Income equals Maintenance Payor’s Income up to $192,000 plus Maintenance Payee’s Income
However, it is extremely important to know that a Judge retains the discretion to order spousal support amounts that are different from those set forth as presumptively correct amount as per the guideline calculations above if the Judge determines that the presumptive amount is “unjust or inappropriate” and explains why they believe there should be a deviation. Accordingly, it is vital to work with a knowledgeable and experienced attorney who can properly advise you and get the best possible result for you.
It is also important to note, that parties have the right to opt out of paying and receiving spousal support or to agree on their own amounts of support. This can be done several ways depending on the circumstances and is something you would absolutely want to discuss with an experienced attorney.
The purpose of spousal support is to essentially protect the less-monied spouse. In January 2016, New York State adapted a formula to establish the presumptively correct amount of “temporary” and “post-divorce” support to be awarded to the less-monied spouse That means during the pendency of the divorce action and after the Judgment of Divorce is issued. This is known as the Maintenance Guidelines Law. It also established guidelines on the length of time that maintenance should be paid after the divorce. For example, if the length of the marriage was between 0 years and 15 years, the duration of maintenance would be 15% to 30% of the length of the marriage. If the length of the marriage was between 15 years and 20 years, the duration of maintenance would be 30% to 40% of the length of the marriage and if the length of the marriage was greater than 20 years, the duration of maintenance would be 35% to 50% of the length of the marriage.
There are two formulas to determine the amount of the potential spousal support obligation. If you and your spouse have no children, the higher formula would apply. If there are children of the marriage, the lower formula would apply, but only if the maintenance payor is paying child support to the other spouse who has the children as the custodial parent. Otherwise the higher formula would apply.
The lower formula is:
1-Multiply Maintenance Payor’s Income by 20% . 2- Multiply Maintenance Payee’s Income by 25% . Subtract Line 2 from Line 1: = Result 1
Subtract Maintenance Payee’s Income from 40 % of Combined Income* = Result 2.
Enter the lower of Result 2 or Result 1, but if less than or equal to zero, enter zero.
THIS IS THE CALCULATED GUIDELINE AMOUNT OF MAINTENANCE WITH THE LOWER FORMULA
The higher formula is:
1-Multiply Maintenance Payor’s Income by 30% 2- Multiply Maintenance Payee’s Income by 20% Subtract Line 2 from Line 1= Result 1
Subtract Maintenance Payee’s Income from 40 % of Combined Income*= Result 2
Enter the lower of Result 2 or Result 1, but if less than or equal to zero, enter zero
THIS IS THE CALCULATED GUIDELINE AMOUNT OF MAINTENANCE WITH THE HIGHER FORMULA
*Combined Income equals Maintenance Payor’s Income up to $192,000 plus Maintenance Payee’s Income
However, it is extremely important to know that a Judge retains the discretion to order spousal support amounts that are different from those set forth as presumptively correct amount as per the guideline calculations above if the Judge determines that the presumptive amount is “unjust or inappropriate” and explains why they believe there should be a deviation. Accordingly, it is vital to work with a knowledgeable and experienced attorney who can properly advise you and get the best possible result for you.
It is also important to note, that parties have the right to opt out of paying and receiving spousal support or to agree on their own amounts of support. This can be done several ways depending on the circumstances and is something you would absolutely want to discuss with an experienced attorney.
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