What Is Spousal Maintenance?
In New York divorce law, spousal maintenance (formerly referred to as "alimony") is the process by which the monied-spouse in a divorce is ordered to pay the non-monied spouse a regular part of their income in order to provide financial support and help maintain their standard of living.
In divorces where one partner earns all or the majority of the couple's income, spousal support provides important financial relief for the partner who makes less, and it is used to make sure that any divorce settlement is as equitable as possible.
The exact amount of spousal support one can be awarded depends on many factors, including the length of a marriage. In order to get the best spousal support award possible, it's very important to hire an experienced Long Island divorce lawyer who understands the intricacy of New York divorce law and who can aggressively advocate for your best interests. However, knowing the basics of how spousal support is determined can help potential you know what to expect during the proceedings.
How Does Alimony Work?
Spousal maintenance comes in two phases. The first of these phases is pendent lite, or temporary maintenance. Temporary maintenance is paid during the divorce proceedings, before the final judgment for divorce is issued and the permanent amount of spousal support is determined.
Unlike spousal support orders issued as part of a permanent divorce decree, which can be affected by the length of a marriage, the length of time a couple has been married does not impact temporary spousal maintenance.
How Is Alimony Calculated?
Since October 2010, temporary maintenance orders in the state of New York are determined by two different formulas:
- Take 30% of the monied-spouse's income and 20% of the non-monied spouse's income. Subtract the portion of the supported spouse's income from the portion of the paying spouse's income.
- Subtract the total amount of the non-monied spouse's income from 40% of the couple's combined income.
- Whichever one of these numbers is lower will be used to determine the amount of spousal support that needs to be paid.
Want to learn more about spousal support, and how a divorce attorney can help you receive the highest amount possible?
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Blog Author: Attorney Robert H. Montefusco
Robert H. Montefusco is the founder of MONTEFUSCO | PAMMER and is here to help you get through your family law case.
Visit his bio to learn more about he compassionately helps clients navigate the divorce process.
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