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The New Spousal Maintenance Law In New York

divorce attorneyIn late 2015, the law in New York concerning spousal maintenance (alimony) changed. The following are some excerpts from this new statute:

  1. The new law establishes a $175,000 income cap with regard to determining how much spousal maintenance (alimony) should be paid.
  2. The new law establishes formulas which cause the non-custodial parent who is the “monied” parent already paying child support to pay less in spousal maintenance. When applying the formula for spousal maintenance, it is deducted from the parent’s income before calculating child support payments.
  3. Courts now have more discretion to deviate, make modifications or changes to the guidelines to deal with situations where the payment of spousal maintenance would be inappropriate or unjust.
  4. The law eliminates something called enhanced earning capacity as a marital asset in equitable distribution of the assets of the family. Enhanced earning capacity could be a degree such as a doctor holds, or a lawyer holds, which entitles them to earn more money by practicing their profession.
  5. The duration of the spousal maintenance now specifically relates to how long the parties were married for.
  6. Spousal maintenance ends when the person receiving the spousal maintenance remarries or dies.

Conclusion

The new spousal maintenance law will provide benefit to the monied spouse who is paying the spousal maintenance and also, sometimes, child support to the custodial parent who also happens to be the non-monied spouse.father's rights lawyer in New York

About Elliot S. Schlissel

Elliot S. Schlissel, Esq. has spent more that 30 years representing individuals in matrimonial and family law cases.