Experienced New York City Alimony Attorney
Maintenance, commonly referred to as alimony or spousal support, is an integral part of many divorces, both contested and uncontested. Your divorce attorney’s skills will greatly impact the amount and duration of any maintenance award.
At Clement Law, we use our extensive family law experience to fight for our clients in New York and New Jersey. We always seek to obtain the best possible spousal maintenance award for our clients.
Factors Affecting Spousal Maintenance
Maintenance is a payment from one spouse to the other that can be awarded for a fixed term or for a party’s lifetime. In addition, a court can award maintenance to be paid on a temporary basis, while the divorce is pending and for the duration of the divorce process. This type of maintenance is often called pendente lite support.
For New York Cases Commenced After January 25, 2016: Using the Guidelines To Calculate Maintenance
New York now employs a formula for determining spousal maintenance.
There are two formulas for calculating maintenance: The first for marriages where there are no children and the second for marriages where there are children and child support is being paid to the person who will also receive maintenance.
Maintenance with no children
Maintenance will be the lower of these two equations:
a. The Maintenance Payor's Income x 30%
Minus Maintenance Payee's Income x 20%
- Or –
b. 40% of Combined Income*
Minus Maintenance Payee's Income
Whichever result is lower will be the annual spousal support payment.
Maintenance with Children
a. The Maintenance Payor's Income x 20%
Minus Maintenance Payee's Income x 25%
- Or –
b. 40% of Combined Income*
Minus Maintenance Payor's Income
Whichever result is lower will be the annual support payment.
For both equations, the payor’s income is capped at $178,000. The Court has discretion to depart from the guidelines for income in excess of $178,000, employing many of the factors previously used to calculate maintenance.
Factors Affecting Spousal Maintenance in New York For Cases Commenced Before January 25, 2016
In cases commenced before New York implemented guidelines for calculating spousal maintenance, the Court will use its discretion to fix a maintenance award after considering a litany of factors, including:
- The length of the marriage;
- The age and health of the 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, including acts of domestic violence;
- The amount of time and the ability of the party seeking maintenance to become self-supporting for;
- Reduced or lost lifetime earning capacity of the party seeking maintenance as a result of having foregone or delayed education, training, employment, or career opportunities during the marriage;
- The presence of children of the marriage in the respective homes of the parties;
- The care of the children or stepchildren, disabled adult children or stepchildren, elderly parents or in-laws that has inhibited or continues to inhibit a party's earning capacity;
- The inability of one party to obtain meaningful employment due to age or absence from the workforce;
- The need to pay for exceptional additional expenses for the child/children, including but not limited to, schooling, day care and medical treatment;
- The tax consequences to each party;
- The equitable distribution of marital property;
- Contributions and services of the party seeking maintenance as a spouse, parent, wage earner and homemaker, and to the career or career potential of the other party;
- The wasteful dissipation of marital property by either spouse;
- The transfer or encumbrance made in contemplation of a matrimonial action without fair consideration;
- The loss of health insurance benefits upon dissolution of the marriage, and the availability and cost of medical insurance for the parties; and
- Any other factor which the court shall expressly find to be just and proper
Your attorney will have a lot of influence in the how the court views and applies the facts of your case to the law. We are here to make sure that the court views the facts most favorably to you.
Tax Implications of Alimony
Maintenance may be deductible to the party paying maintenance and taxable to the recipient. The way your divorce is structured can have substantial tax implications. You need an experienced matrimonial lawyer to help you find the right solution.
Experienced Counsel on Issues That Matter to You
Daniel Clement has more than 25 years of experience as a matrimonial lawyer. Whether litigating or negotiating, he uses his vast experience to your advantage in determining your maintenance award. Whether you are seeking spousal maintenance or looking to make sure the amount awarded to your former spouse is proper, we have the skills and experience to fight for the most appropriate maintenance award.
Work with an Experienced Spousal Maintenance Attorney
Divorce can be a painful experience. It can also be stressful, complicated and frustrating. One of the benefits of working with experienced legal counsel is that the critical decisions you make throughout the process are made with a full understanding of the law and the issues you face.
Maintenance can make a profound difference in your financial future. At Clement Law, we help you protect your future with legal strategies designed to meet your objectives. Contact our alimony attorney online to discuss your concerns about spousal maintenance or other family law matters. You can also reach us by calling 212-683-9551.