Staten Island Spousal Maintenance Attorney

Assistance from a Reputable Divorce Firm in New York

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.

How Is Spousal Maintenance Determined?

At The Law Office of Keith M. Casella, P.C., I am experienced at navigating the complexities of spousal maintenance. If you are able to come to an agreement out of court with the help of a divorce attorney from my firm, you may be able to save yourself the time, money, and stress of litigation.

There are many factors which are considered by judges who determine the duration and the amount of spousal maintenance​ payments, if any will be awarded. These include the following:

• The duration of the marriage
• If there are minor children involved
• The role each party had in the marriage
• The income/earning capacity of each spouse
• The education level/job of each spouse
• The financial obligations each spouse has

Temporary vs. Post-Divorce Maintenance

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.

Generally, if there are no children born of the marriage the formula employed to determine spousal maintenance is the lesser of:

• 30% of the higher-earning spouse’s income minus 20% of the non-paying spouse’s income
• 40% of the combined income of both spouses, minus the non-paying spouse’s income

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.