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