New York has just enacted a new law to determine how the spousal maintenance is awarded in New York divorces. The law establishes guidelines to fix the length and amount of spousal maintenance both during the divorce action and following the entry of the judgment of divorce. Until now, post- divorce maintenance was awarded based…
Read moreNew York Enacts Guidelines for Temporary Maintenance
Simultaneous with the enactment of no-fault divorce, New York enacted guidelines for awarding temporary maintenance. The stated purpose of the guidelines was to provide consistency and predictability for temporary maintenance awards in the same way that the child support guidelines do. Pursuant to the guidelines, maintenance is to be awarded during the divorce when one…
Read moreWives in New York Paying Maintenance and Child Support
The times they are a changing. It is now increasingly common to hear ex-wives complain about the amount of spousal maintenance and child support they are paying to the ex-husbands. For years, men were ordered to both pay both spousal maintenance and child support as part of their New York divorce. But, the pendulum has…
Read moreNew York Maintenance and The Tax Reform Bill: Alimony Will Not Be Deductible After 2018
The clock is ticking; 2018 will be the last year maintenance in New York (alimony virtually everywhere else will be deductible. The recently enacted tax bill eliminates the tax deduction for the payment of alimony. Historically, maintenance has been deductible to the paying spouse and includable as income to the recipient spouse. Child support, on…
Read moreTax Bill To Make Divorce More Expensive: Maintenance Not Tax Deductible
Hard to believe, divorce in New York may get even more expensive. The tax bill proposed in the House of Representatives, last week, seeks to eliminate the deduction for alimony payments. The new tax law attempts to eliminate what has been called a “divorce subsidy.” Under the existing law, the party paying alimony may deduct…
Read moreHow Is Spousal Maintenance Calculated in New York?
One of the most common questions I received since New York enacted maintenance guidelines is, “How is spousal maintenance calculated in New York?” Before January 25, 2016, maintenance was determined using a litany of factors, including the age of the parties, the length of their marriage, the parties’ income, their earning abilities and their…
Read moreDo the Revisions to New York Divorce Law Change When Cohabitation Can End Spousal Maintenance Obligations?
The major revisions to New York divorce law enacted in 2015 included significant changes to how courts will award – and terminate - temporary and permanent spousal maintenance. One of the changes the law addressed was the effect a spouse’s cohabitation with another person had on the other spouse’s obligation to continue making maintenance payments.…
Read moreNew York Maintenance Law To Soon Take Effect: No Reason To Panic
In a recent article, the NY Post needlessly scared spouses contemplating divorce, but who had not yet commenced their cases. The gist of the article was that if they wait until the new maintenance guidelines become effective next month, they will receive less spousal support in their divorce than if they file now. In 2010, New…
Read moreTabloid Divorce Illustrates New York Maintenance Law
Celebrity divorces are great teaching tools. High-profile divorces present the same issues as non-celebrity divorces, just with bigger numbers and a lot more tabloid coverage. The Huffington Post is reporting that the husband of actress Kaley Cuoco is seeking spousal maintenance and an award of counsel fees as part of the divorce. This should not…
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