What You Need To Know About Spousal Support

Spousal support determinations have traditionally been a difficult point of contention in a New York divorce. The old law outlined a variety of factors for the court to weigh in determining alimony payments. However, in 2010, lawmakers modified the Domestic Relations Law to redefine how temporary maintenance while the divorce remains pending should be determined using a formulaic approach to reduce the mystery of temporary support. In 2016, the law extended to post-divorce spousal maintenance determinations.

The New York Alimony Formula Is Not Necessarily Absolute

Punching numbers into a spousal support calculator, however, is not necessarily the end of the story when it comes to determining spousal support payments. At Quatela Chimeri PLLC our attorneys are well aware that nuances remain despite efforts to create an overarching mathematical formula. For instance, in high net worth households, determining income itself can be complicated. The mathematical exercise required by the formula is only as good as the numbers used at the start.

Moreover, judges retain discretion in calculating spousal maintenance in high-income divorces. When income exceeds the income cap (which changes over time), judges retain discretion to weigh a wide variety of factors to determine if additional maintenance is appropriate for income in excess of the income cap used in the formula (which can vary from court to court). It is critical for you to work with a local lawyer who is familiar with the tendencies of each judge, including what level of income the judge is likely to include in the formula. Our trial lawyers regularly appear in local courts on Long Island in the dedicated family and matrimonial parts of the courts.

Understanding Spousal Maintenance And Child Support

In general, the law sets forth one alimony formula calculating maintenance when the obligor will also pay child support and a second computational method to determine alimony in the absence of child support. The law expects that the duration of maintenance payments should be longer for marriages that lasted longer.

Alimony payments are generally intended to provide the receiving spouse with the resources to remain financially stable. It is vital for you to work with an attorney with the financial acumen to protect your rights and financial interests — whether you are expecting to receive maintenance or may be obligated to pay support.

Fully Prepared To Analyze Your Entire Financial Structure In Divorce

Our lawyers have substantial experience with complex financial analysis, fortified by our business and commercial law representation. To speak with a financially-savvy lawyer who will fully explain your individual legal options and stand strong to protect your financial stability, send us an email or call 631-482-9700. The initial consultation is free. We represent men and women in Suffolk County, Nassau County and throughout Long Island.