Spousal Support
New York Spousal Support/Maintenance Counsel from Attorney Jennifer P Brown
Spousal support in New York is termed maintenance, as it is gender neutral (as opposed to alimony which presumes a payment from a husband to a wife), and it is an amount that is paid to the lesser earning spouse by the greater earning spouse for some period of time.
New York law provides both for Temporary Maintenance pursuant to NY DRL §236B(5-a), and Post-Divorce Maintenance pursuant to NY DRL §236B(6).
Both Temporary and Post-Divorce Maintenance are based on a formula, and applied up to the first $175,000 of the payor’s income 1. For income over the Cap the Court has discretion whether or not to apply the formula to that income, and is directed to look to the factors set out in the statute.
This formula, as opposed to the previous Temporary Maintenance formula, takes into account whether or not the maintenance payor is paying child support as well.
The duration of Post-Divorce maintenance is also guided by the statute, although unlike the statute, those guidelines are advisory, rather than mandatory.
To see what your maintenance obligation or award could be use this link to OCA’s Excel Maintenance Calculator.
1.
This figure is current for 2017, but is subject to a Cost of Living Adjustment January 31st of every even numbered year.