How Spousal Maintenance Is Determined Under NY Guidelines
Spousal maintenance, commonly referred to as “alimony,” is court-ordered financial support paid by one spouse to the other after a divorce. It can be a volatile issue between the divorcing spouses. The spouse requesting maintenance likely feels that they deserve payment to account for their sacrifices during the marriage and to ensure their financial stability after the divorce. The spouse who may ultimately pay maintenance typically wants to minimize both the amount and the duration.
In New York, spousal maintenance is set using an income-based formula established by state statute, along with a judge’s evaluation of marital circumstances. Whether or not there is child support can influence the maximum amount of income allocated to maintenance. If the payer is also subject to a child support order, the court could calculate 20 percent of the paying spouse’s adjusted gross income and then deduct 25 percent of the recipient spouse’s adjusted gross income to determine the appropriate amount of maintenance. Or a second formula could be used, whereby you take 40 percent of the combined income, less the payee spouse’s income. You would use the lower of the two formulas. The first calculation is adjusted if the payor is not paying child support.
State law imposes a cap on the total amount of spousal maintenance ordered. Currently, the cap sits at $241,000 of the paying spouse’s annual income, although New York lawmakers adjust that figure every few years. Judges can order maintenance well above the $241,000 annual cap, however. Factors such as the health and ages of the spouses, their ability to be self-supporting and the standard of living established during the marriage can all influence what a judge finds to be appropriate. What also greatly impacts whether the court will go over the cap is the disparity of income.
Judges also consider the terms set for equitable distribution of marital property. A spouse who leaves the marriage with a significant amount of assets may be deemed to require less maintenance.
The length of a maintenance order varies. It can last for between 15 percent and 50 percent of the length of the marriage. If the marriage lasted less than 15 years, maintenance typically lasts between 15 and 30 percent of the length of the marriage. For marriages that lasted over 20 years, maintenance guideline ranges are from 35 percent to 50 percent of the length of the marriage.
Accurately estimating potential maintenance amounts and building a strong legal case can be challenging, especially for those in high-asset, high-income marriages. Spouses requesting maintenance or trying to limit their financial obligations after divorce can benefit from the guidance of a New York spousal maintenance attorney.
At Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP in St. James, New York, we represent clients throughout Long Island in all aspects of divorce, including spousal maintenance and other financial matters. Call 631-360-0400 or contact us online to schedule a free initial consultation.