For many people going through divorce, spousal maintenance — also known as spousal support, and formerly alimony — is the largest financial concern. During the marriage, one spouse may have been the breadwinner. Once a divorce action begins, there may not be enough money to support two households at the prior standard of living. We have the experience to fight for your fair share.
How Maintenance Is Determined in New York
There are two forms of maintenance: temporary (interim) maintenance during the case, and post-divorce maintenance following the judgment. New York uses a statutory formula, but its apparent simplicity is misleading. Before any calculation, the parties’ incomes must be determined — a fact-intensive fight when a spouse is self-employed or when dividing assets will generate future unearned income.
The formula also applies only to the payor’s income up to a statutory cap (adjusted for inflation), which captures only part of the income in many households. The real dispute is often whether to apply the formula to income above the cap or to set maintenance based on the statutory factors — length of the marriage, lifestyle, and the parties’ respective incomes and earning capacities. Post-divorce maintenance may be durational or, in appropriate cases, non-durational, lasting until retirement age or even for life. Ultimately the amount and duration rest in the judge’s discretion or the parties’ agreement, which is why experienced counsel matters.
If you are ready to talk with an experienced matrimonial and family law attorney, call Most & Schneid, P.C. at (914) 997-9181 or request a consultation online. We serve clients from our offices in White Plains (Westchester County) and Garden City (Nassau County).