What Is Spousal Maintenance?
Spousal maintenance is sometimes referred to as alimony. New York Domestic Relations Law § 236 B(1)(a) defines maintenance as the payment of money from a current or former spouse to the other pursuant to a written agreement or a valid court order. In order to qualify as maintenance,
Can I Get Spousal Support if We Have Not Filed for Divorce?
In New York State, a married person may file a petition in Family Court seeking spousal support from a current husband or wife.
How Often Is Spousal Maintenance Awarded When People Divorce?
Spousal maintenance is awarded only about 10% of the time.
Can a Man Get Spousal Maintenance?
Spousal maintenance may be awarded to either men or women.
How Much Is Paid for Spousal Maintenance?
A judge will begin the determination of spousal maintenance amount with one of two statutory formulas depending on whether or not child support will also be paid. There is a cap on the payer spouse’s income in the formulas, but if the payer’s income exceeds that cap, the court will then look at a number of other statutory factors in order to arrive at a just result. In fact, for the sake of fairness, the court may look at these factors even if the payer’s salary is less than the cap.
Statutory factors a New York judge may consider are
What Must I Show the Court About My Finances and Property?
Both parties must be completely transparent about all their finances. They will provide sworn statements of net worth and financial documents such as income tax returns, health plan information, representative pay stubs, titles and other documentation regarding property. The court will set a date for the valuation of the assets at some point before trial.
How Much Is Up to the Judge When Deciding How Much Spousal Maintenance Will Be Paid?
Even though there have been changes in New York family law in recent years to make spousal maintenance orders more uniform, judges still have quite a bit of discretion.
Can I Get Spousal Maintenance Before the Divorce Is Finalized?
Yes, your lawyer can file a motion for temporary maintenance in New York after the divorce is filed to help support you until the final divorce decree and post-divorce spousal maintenance is awarded.
Can I Go to Court to Get the Amount of Spousal Maintenance Changed or to Ask That It End?
Yes, you can get a modification of spousal maintenance later if the court determines that an extreme change in circumstances warrants it.
How Long Is Spousal Maintenance Paid?
Spousal maintenance is normally durational that is, it has a set duration, normally long enough for the payee spouse to become self-sufficient. However, there are cases, given age, health and inability to support themselves, that the payee may be awarded nondurational or permanent alimony.
To decide the duration, of spousal maintenance, judges may use an advisory schedule provided by the state of New York that lists the percent of time the couple were married as a guideline for duration of alimony. However, judges consider a number of other factors and are not required to use the schedule at all.
No matter what the court orders, though, spousal maintenance ends if
Who Pays Taxes on Spousal Maintenance?
Normally the recipient pays taxes on the money received, and the payer spouse deducts the payment.