Calculating Spousal Maintenance in New York

Calculating Spousal Maintenance in New York

When a couple gets divorced, one of the factors that they may have to address is spousal maintenance, which is also referred to as alimony. Often, couples are at odds with each other regarding spousal maintenance because one spouse may feel as though they deserve support while the other may believe that they should not have to continue supporting their spouse. If this matter is contested, a judge will have to make a decision on behalf of the couple.

Some of the factors that the court may take into consideration include the following:

  • The length of the marriage
  • The income and property
  • The child support obligations of each party
  • The child custody arrangements
  • The age and health of the parties
  • Each party’s earning capacity
  • Whether the dependent spouse needs additional education or work training
  • Whether the dependent spouse put their life goals on hold to support the family in other ways
  • The tax consequences of spousal maintenance

Is spousal maintenance permanent?

One question that many couples have about alimony is regarding the length of the support obligation. Often, a judge can award temporary maintenance during the length of the case and then will determine whether it should be permanent. The court can award maintenance based on the length of the marriage, such as:

  • If the marriage was up to 15 years long, maintenance can be awarded for between 15% and 30% of the duration of the marriage
  • If the marriage was between 16 and 20 years long, maintenance can be awarded for between 30% and 50% of the duration of the marriage
  • If the marriage was longer than 20 years, maintenance can be awarded for between 35% and 50% of the duration of the marriage

If you have questions about spousal maintenance, contact our firm today.

Zimmet Law Group, P.C. is an experienced team of attorneys guiding clients through matters of estate planning and administration, divorce and family law, real estate, commercial litigation, business law, bankruptcy, and landlord-tenant law. If you require the services of an effective New York City attorney, contact our firm today to schedule a consultation. 

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