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Experienced New York City Alimony Attorney

Work with an Experienced Spousal Maintenance 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.

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.

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.

How is Maintenance Calculated in New York Divorce Cases?

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%
Result 1

– Or –

b. 40% of Combined Income*
Minus Maintenance Payee’s Income
Result 2

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%
Result 1

– Or –

b. 40% of Combined Income*
Minus Maintenance Payor’s Income
Result 2

Whichever result is lower will be the annual support payment.

For both equations, the payor’s income is capped at $203,000. The Court has the discretion to depart from the guidelines for income in excess of $203,000, employing many of the factors previously used to calculate maintenance.

Tax Implications of Alimony

Maintenance is not deductible to the party paying maintenance or taxable to the recipient on federal taxes, but it may be deductible to the party paying maintenance on state income taxes. The way your divorce is structured can have substantial tax implications. You need an experienced matrimonial lawyer to help you find the right solution.

What Our Clients Say

I found Mr Clement online. He has been dealing with my Divorce case for about ten months. During this time, he expressed sensitivity for the stress I suffered and combined that with a high sense of professionalism. HIs knowledge was accurate and so guided me safely to a good outcome.

Mr Clement was extremely responsive. I never had to wait very long for him to get back to me on critical matters. He is a man of integrity and fairness. He is well worth the money and time. I highly recommend him.

-Peter B.

Contact

MAIN OFFICE
112 Madison Avenue, Suite 800
New York, New York 10016
E-MAIL
info@clementlaw.com
TELEPHONE
(212) 683-9551
WORKING HOURS
Mon-Fri: 9am – 5pm
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Frequently Asked Questions

Do I have to wait for my divorce to be final to be awarded maintenance?

No.  A court can award maintenance pendente lite-i.e., during the case to prevent hardship and to maintain the status quo.

Can the amount of maintenance change?

Maintenance can be upwardly or downwardly modified if there has been a change in circumstances.  An example of a change in circumstance would be the payor involuntarily losing employment.

Is Maintenance tax deductible?

Maintenance is not deductible to the payor or income to the recipient on federal tax returns.   However, on a New York State tax return, a maintenance payment is deductible to the payor and income to the recipient.

Are you in search of a family law attorney in NYC to guide you through your next stage in life?

Want to chat about your specific situation?

Fill out the form and Daniel will call you.

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Are you in search of a family law attorney in NYC to guide you through your next stage in life?

Want to chat about your specific situation?
Fill out the form and Daniel will call you.

Client Review

“Daniel is a highly skilled professional whose experience and emotional support were key enable me navigate and successfully go through what can be a challenging and stressful process at times. I am very grateful for his prompt responsiveness always, his commitment to protecting my interests and efficiency at getting my divorce finalized. I definitely recommend.”
Thomas Sczyrba
Client Review

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YOUR ATTORNEY

Daniel Clement

The Law Offices of Daniel E. Clement

Daniel Clement graduated from Brooklyn Law School and the State University of New York at Albany. With over 35 years of experience, he has been a member of the New York City Bar Association and the Matrimonial Committee. In addition, he has worked as an Arbitrator in the Small Claims Court of the City of New York. 

Known for his straightforward yet savvy approach to law, he specializes in multiple areas of family law including divorce, how to protect assets in a divorce, child custody, prenuptial agreements, property division, maintenance/alimony, and high net worth divorce. Clients hire Daniel for the personal attention, hard work, street smarts, and excellent value he brings to each case.

An accomplished attorney, Daniel also lectures and writes for various publications, including a blog entitled the “New York Divorce Report” and has co-authored the book, “Onward and Upward: Guide to Getting Through New York Divorce and Family Law.”

The information contained in this website has been provided for general informational purposes only and DOES NOT constitute legal advice; there is no warranty on this information and it does not in any way constitute an attorney-client relationship. Prior results do not guarantee a similar outcome. All individuals are encouraged to seek independent counsel for advice regarding their specific situation and facts. 

THIS SITE SHOULD NOT BE USED AS A SUBSTITUTE FOR COMPETENT AND INDEPENDENT LEGAL ADVICE.

Further, e-mails or other correspondence with any member of this firm does not create an attorney-client relationship without the explicit written agreement between the parties

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