Understanding Spousal Maintenance in New York

Alimony, commonly referred to as "spousal maintenance" or "spousal support" in New York, is a financial support paid by one spouse to the other after a divorce or separation. The purpose is to help the less financially stable spouse maintain a similar standard of living as they were accustomed to during the marriage. If you need help navigating spousal support, contact us today.

What Qualifies a Spouse for Spousal Maintenance in New York?

While many factors determine the amount and duration of spousal support, here's a breakdown of what qualifies a spouse for alimony in New York.

1. Income and Property Disparity

One of the primary considerations is the income and property distribution between the two spouses. If one spouse has significantly less income or fewer assets than the other, the court may decide they are eligible for alimony.

2. Duration of the Marriage

Generally, the length of the marriage plays a significant role in determining alimony. Long-term marriages might result in a higher likelihood of one spouse receiving maintenance, especially if they've been out of the workforce for an extended period.

3. Present and Future Earning Capacities

The court will assess the current and future earning capacities of each spouse. If one spouse has limited earning potential due to factors like age, absence from the job market, or lack of education, they might be more likely to receive support.

4. Loss of Career Opportunities

If one spouse has forgone career opportunities or advancement to care for the family or support the other spouse's career, this sacrifice may factor into the decision.

5. Age and Health

The age and health of both spouses can affect the alimony determination. If one spouse is in poor health or at an age where finding employment is challenging, they might be entitled to alimony.

6. Childcare Responsibilities

Taking care of children requires time and resources. If one spouse is the primary caregiver, especially for young or special-needs children, it might affect their ability to work and, consequently, their need for spousal support.

7. Contributions as a Homemaker

A spouse who has served primarily as a homemaker has contributed to the well-being and financial status of the family. Courts consider this contribution when deciding on alimony.

8. Education and Training

If one spouse needs education or training to become self-sufficient, this need might qualify them for temporary spousal support until they can support themselves.

9. Marital Misconduct

New York is generally a "no-fault" divorce state, which means marital misconduct isn't usually considered in property distribution or alimony decisions. However, in extreme cases, such as instances of domestic violence, the court may take misconduct into account.

10. Other Relevant Factors

Courts can consider any other relevant factors when deciding on alimony. These might include the tax implications of alimony, the presence of prenuptial or postnuptial agreements, or the wasteful dissipation of assets by either spouse.

Types of Alimony in New York

In New York, alimony is often referred to as "spousal maintenance" or "spousal support." Depending on the circumstances, duration, and purpose, there are different types of spousal maintenance that a court might award. Here’s a breakdown of the various kinds:

Temporary Maintenance (Pendente Lite)

• Awarded during the divorce proceedings.
• Intended to provide financial stability for the lower-earning spouse while the divorce process is ongoing.
• The amount is typically calculated using a statutory formula, but the court has discretion to adjust the amount based on specific circumstances.

Post-Divorce Maintenance

• This type is awarded after the divorce is finalized.
• The aim is to provide financial assistance for a defined period or until certain events transpire.
• Like temporary maintenance, the amount is often calculated using a statutory formula, but the judge can adjust it as needed.

Rehabilitative Maintenance

• Designed to support a spouse as they obtain education or training to re-enter the workforce or to enhance their earning capacity.
• It’s typically short-term and is meant to end once the recipient spouse becomes financially self-sufficient.

Restitutional Maintenance

• This type compensates a spouse who supported the other through their education (like medical school or graduate programs) with the expectation of benefiting from that investment in the future.
• It aims to repay the supporting spouse for their contribution to the other’s enhanced earning capacity.

Durational Maintenance

• Provided for a set period, which is often linked to the duration of the marriage.
• This maintenance does not continue indefinitely and stops after the specified duration.

Non-Durational or Permanent Maintenance

• Awarded in cases where the court believes that the recipient spouse will never become self-sufficient due to factors like age, health, or absence from the workforce for a prolonged period.
• This type is less common and usually only applies in long-term marriages or when there are exceptional circumstances.

Nominal Maintenance

A minimal amount, sometimes as low as a dollar a year, awarded to preserve the court's ability to grant maintenance in the future. It's typically given when the recipient is expected to become self-sufficient but may need support in the unforeseeable future.

How Do New York Courts Calculate Temporary Spousal Maintenance?

In New York, temporary spousal maintenance (or pendente lite maintenance) is awarded during the divorce proceedings to provide financial support to the less-monied spouse. This is meant to maintain the status quo and ensure financial stability while the divorce is ongoing.

To standardize the calculation of temporary maintenance, New York has a specific formula. The formula is actually two calculations, and the lesser result of the two will generally be the guideline amount of maintenance. Here's a simplified breakdown:

First Calculation:

• Subtract 25% of the payee's income from 20% of the payor's income.

Second Calculation:

• Combine the total income of both parties and then multiply it by 40%.
• Subtract the payee's income from the resulting number.

The lesser of the two calculated amounts will be the guideline amount for temporary maintenance.

However, it's important to note the following:

Income Cap

New York State periodically adjusts the income cap for calculating temporary maintenance. As of  2021, the cap was set at $192,000 for the payor’s income. This means only the first $192,000 of the payor's income is subject to the formula. For income above this cap, the court will consider additional factors to decide whether or not to award extra maintenance.

Deviation from Guideline Amount

The court can deviate from the guideline amount if it finds the guideline amount to be unjust or inappropriate. This can be due to factors like the health and age of the parties, the present or future earning capacity of the parties, the need of one party to incur education or training expenses, or any other factor the court deems relevant.

Additional Costs

In addition to the temporary maintenance, the court may order the payor spouse to cover other costs during the divorce, such as attorney's fees or expert fees.

Duration

The court will also decide the duration of the temporary maintenance. However, this type of maintenance automatically ends once the divorce is finalized, unless the final judgment stipulates continued maintenance.

How Do New York Courts Calculate Postdivorce Alimony?

Post-divorce spousal maintenance, also known as post-divorce alimony in New York, is designed to support the less-monied spouse after the divorce has been finalized. The process for calculating post-divorce alimony is similar to the formula used for temporary maintenance but with a few key distinctions.

To provide a structured approach, New York uses a guideline formula. Like with temporary maintenance, two calculations are made, and the lesser amount is generally the guideline amount for post-divorce maintenance:

First Calculation:

• Subtract 25% of the payee's income from 20% of the payor's income.

Second Calculation:

• Combine the total income of both parties and then multiply by 40%.
• Subtract the payee's income from this result.

However, there are several nuances to be aware of:

Income Cap

For post-divorce maintenance, the payor's income is considered up to a certain cap. The exact amount of this cap can change and as  2021, the cap was set at $192,000. Any income above this amount will not automatically be subject to the formula, but the court can use its discretion and consider various factors to decide if additional maintenance should be awarded on the excess income.

Duration

Unlike temporary maintenance which lasts until the divorce is finalized, post-divorce maintenance has a specified duration. The duration is often influenced by the length of the marriage:

• For marriages lasting up to 15 years, maintenance might be awarded for 15% to 30% of the length of the marriage.
• For marriages lasting more than 15 years but less than 20 years, maintenance could be 30% to 40% of the duration of the marriage.
• For marriages lasting 20 years or more, maintenance could be for 35% to 50% of the length of the marriage.

Note that these are guidelines, and the court has discretion to adjust based on circumstances.

Deviations from the Guideline Amount

As with temporary maintenance, the court can adjust the guideline amount if it believes it to be unjust or inappropriate. It will consider factors like the age and health of both parties, the need of one party to undergo education or training, and any other relevant circumstances.

Termination Factors

Post-divorce maintenance ends upon the death of either party or if the payee gets remarried. Other cohabitation factors can also lead to a cessation or reduction in maintenance.

How Do New York Courts Calculate Spousal Support for High Earners?

When dealing with high earners, the process of calculating spousal support in New York can become more complex. The standard formula that the court uses to calculate spousal maintenance, as described in previous answers, applies to the payor’s income up to a certain cap. As of  2021, this cap was set at $192,000. But what happens when the payor's income surpasses this cap?

Here's how New York courts generally handle spousal support calculations for high earners:

1. Income Above the Cap:

For the portion of the payor's income that exceeds the cap, the court has discretion. It does not automatically apply the standard formula. Instead, the court will consider a variety of factors to determine if, and how much, additional maintenance should be awarded on the excess income.

2. Factors the Court May Consider:

Some of the factors that may be considered for income above the cap include:

• The age and health of both parties.
• The present and future earning capacity of both parties.
• The need of one party to incur education or training expenses.
• The existence and duration of a pre-marital joint household or a pre-divorce separate household.
• Acts by one party against another that have inhibited or continue to inhibit a party's earning capacity or ability to obtain meaningful employment. These acts could include acts of domestic violence.
• The care of children or stepchildren, disabled adult children or stepchildren, elderly parents, or in-laws provided during the marriage that inhibits a party’s earning capacity.
• The tax consequences to each party.
• Equitable distribution of marital property.
• The wasteful dissipation of marital property by either spouse.
• Any other factor the court deems relevant.

3. Standard of Living:

For high earners, the standard of living established during the marriage often plays a significant role in determining support. The goal of spousal maintenance is, in part, to allow both parties to maintain a similar standard of living to what they were accustomed to during the marriage. In high-earning households, this can result in larger maintenance awards, even if the standard formula doesn't dictate it.

4. Legal Representation:

Given the discretion involved in cases with high earners, having experienced legal representation is crucial. A divorce lawyer can present arguments and evidence regarding the aforementioned factors, advocating for a maintenance amount that is fair and appropriate for their clients.

5. Prenuptial and Postnuptial Agreements:

It's not uncommon for high earners to have prenuptial or postnuptial agreements in place. These agreements might specify how spousal support will be determined in the event of a divorce. Courts will generally uphold these agreements as long as they were entered into fairly and without duress and are not unconscionable.

How Long Does Spousal Maintenance Last in New York?

In New York, the duration of post-divorce spousal maintenance is influenced by various factors, with the length of the marriage being a primary consideration. However, it's essential to note that while there are advisory guidelines, the court maintains discretion to adjust the duration based on the specific circumstances of each case.

Here's a general guideline for the duration of post-divorce maintenance based on the length of the marriage:

Marriages Lasting Up to 15 Years:

Maintenance might be awarded for a duration ranging from 15% to 30% of the length of the marriage. For example, if the marriage lasted 10 years, maintenance could be awarded for a period of 1.5 to 3 years.

Marriages Lasting More Than 15 Years but Less Than 20 Years:

Maintenance might be awarded for 30% to 40% of the length of the marriage.

Marriages Lasting 20 Years or More:

Maintenance could be for a period equivalent to 35% to 50% of the length of the marriage.

While these are general guidelines, the court can adjust the duration based on several factors, including:

• The age and health of both parties.
• The present and future earning capacity of both parties.
• The need of one party to incur education or training expenses.
• The ability of the party seeking maintenance to become self-sufficient.
• The contributions and services of the party seeking maintenance to the marriage.
• Any other factor the court deems just and appropriate.

Other points to consider:

Temporary Maintenance

This type of maintenance is awarded during the divorce proceedings and ends when the divorce is finalized. Its duration is determined by the length of the divorce process itself.

Termination Factors

Maintenance obligations can end earlier under specific circumstances such as the death of either party, the recipient spouse getting remarried, or if the recipient begins cohabiting with another individual in a manner that resembles a marriage-like relationship.

Modification

In some situations, either party can return to court to seek a modification of the maintenance order if there's a significant change in circumstances.

Conclusion

Spousal support determinations in New York are complex and based on various factors. Each case is unique, and it's essential to consult with an experienced family law attorney to understand your rights and potential entitlements. At Michelle Bullock Law and Mediation, we’re here to guide you through the intricacies of New York's alimony laws and advocate for your best interests. Contact us today.