New York recently changed how maintenance is calculated to make it income based. Income includes your wages, salary, workers’ compensation, or disability, and benefits, such as pensions, retirement, investment income, and other stipends or payments less certain deductions such as FICA, New York City taxes, and Medicare withholdings.
New York Domestic Relations Law sets forth the laws which pertain to spousal maintenance (also known as alimony or spousal support). The intention of temporary spousal maintenance (maintenance paid during the pendency of the divorce proceedings) is to maintain the parties’ status quo. Post-divorce spousal maintenance is to help provide one spouse with financial support if they depended on the other during the marriage.
These payments are generally used to help a non-working spouse return to the workplace and regain independence after a divorce or to balance the inequities of one spouse earning substantially more than the other. The duration of post-divorce spousal maintenance depends on the length of the marriage among other factors. It is highly advisable to retain a Staten Island divorce attorney to represent you and ensure that your needs are represented.
At Casella & Casella LLP, we are experienced at navigating the complexities of spousal maintenance. If you are able to come to an agreement out of court with the help of our divorce attorneys, you may be able to save yourself the time, money, and stress of litigation.
Payments made during the divorce proceedings are known as temporary maintenance, while those paid to a spouse after a divorce is post-divorce maintenance.
Spousal maintenance awards are determined by calculations set by the New York legislature. While your divorce is pending, maintenance is awarded to the spouse whose income is substantially less than that of the higher-earning spouse. Post-divorce maintenance is paid after the divorce is finalized and the duration depends on the length of the marriage.
This calculation is capped at $500,000 and is subject to certain statutory factors, including but not limited to the length of the marriage, the spouse’s employability, and the standard of living that the non-paying spouse has become accustomed to during the marriage.
Whether you are currently seeking spousal maintenance payments or you are concerned about the amount of spousal maintenance your spouse is asking for, our Staten Island spousal maintenance attorney can help. We have the resources and more than 60 years of combined experience you need on your side.
We work to help our clients come to an agreement about an amount of spousal support before taking this complex issue to court. If you are unable to find a figure that works for your family, it will be put in the hands of a judge to decide.