Learn What Factors Determine Spousal Maintenance in New York 

Some people confuse spousal support, spousal maintenance and alimony.  In New York, these terms are used interchangeably and refer to a payment that is made by one spouse to the other during or after divorce.  In 2010, New York passed a statute requiring a formula to be applied to determine “temporary maintenance”; i.e. spousal support that is paid during the pendency of a divorce action.  There is also a formula for determining “permanent maintenance” which is support one spouse continues to pay to the other after a divorce has been finalized. In addition to the application of the appropriate statutory formula, courts will apply various factors in reaching its determination. Are you wondering what factors determine spousal maintenance in New York? 

Spousal Maintenance in New York is Determined by Applying and Evaluating the Following Factors: 

    
(a)    the age and health of the parties; 
(b)    the present or future earning capacity of the parties, including a history of limited participation in the workforce; 
(c)    the need of one party to incur education or training expenses; 
(d)    the termination of a child support award during the pendency of the temporary maintenance award when the calculation of temporary maintenance was based upon child support being awarded and which resulted in a maintenance award lower than it would have been had child support not been awarded; 
(e)    the wasteful dissipation of marital property, including transfers or encumbrances made in contemplation of a matrimonial action without fair consideration; 
(f)    the existence and duration of a pre-marital joint household or a predivorce separate household; 
(g)    acts by one party against another that have inhibited or continue to inhibit a party's earning capacity or ability to obtain meaningful employment. Such acts include but are not limited to acts of domestic violence as provided in section four hundred fifty-nine-a of the social services law; 
(h)    the availability and cost of medical insurance for the parties; 
(i)    the care of children or stepchildren, disabled adult children or stepchildren, elderly parents or in-laws provided during the marriage that inhibits a party's earning capacity; 
(j)    the tax consequences to each party; 
(k)    the standard of living of the parties established during the marriage; 
(l)    the reduced or lost earning capacity of the payee as a result of having forgone or delayed education, training, employment or career opportunities during the marriage; and 
(m)    any other factor which the court shall expressly find to be just and proper. 

 

If you have questions about what factors determine spousal maintenance in New York, or are considering a divorce, contact Sabra Law Group at (646) 472-7971 to assist you with all of your family law matters.