New York Spousal Maintenance (Alimony)

On October 12, 2010 New York put into effect a new no fault divorce law. In addition to the change in the grounds for divorce this legislation created a new standard for the award of temporary spousal maintenance (alimony). The standard creates an arithmetic formula that eliminates the courts discretion in fashioning awards for spousal maintenance (alimony).

New Standard for Spousal Maintenance (Alimony)

The new statue requires the paying spouses gross income (from all sources) to be multiplied by 30% and the spouse receiving the maintenance to have their income multiplied by 20%. This number is than subtracted from the 30% computation. Here is an example. If the paying spouse has a gross income of $100,000 and the receiving spouse has a gross income of $30,000 the temporary maintenance would be set at $26,000 ($30,000 less $6,000).

There is a second computation. In the second computation you add both incomes together. In this case it would be $130, 000. You thereafter multiply this number by 40%. You would arrive at the sum in this case of $52,000. From this figure you would subtract the receiving spouses gross income of $30,000. This will give you with a figure of $22,000. The lesser of these two amounts would be the appropriate amount of temporary spousal support (alimony) to be paid to the non-monied spouse. The term for the payment of the temporary spousal maintenance can be fixed by the court based on circumstances involved in the parties divorce proceeding.

Contact the Law Office of Elliot S. Schlissel today to discuss your New York Spousal Maintenance issue at 1-800-344-6431.

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