Recent Changes In New York's Family Law Included Needed Alimony Reform

Calculating spousal support in New York has finally been reformed to include a formula that appoints temporary alimony.

2011-09-02

September 02, 2011 (Press-News.org) Recent Changes In New York's Family Law Included Needed Alimony Reform

A Mathematical Formula Now Determines Temporary Spousal Support

In many ways, it can be the most dreaded part of divorce proceedings: the determination of alimony (also known as maintenance or spousal support). Alimony, of course, is a court-ordered monthly payment amount one spouse pays to the other while they are separated, in divorce proceedings or after they are divorced. A whopping $9 billion is spent in alimony annually, IRS data shows. The goal of spousal support is to ensure the lesser-income spouse can maintain a lifestyle similar to that enjoyed during the marriage. When done appropriately, spousal support allows both spouses to move on with their lives in a manner that is as similar financially as possible.

However, judges in many jurisdictions have wide discretion when setting maintenance amounts. This can lead to inconsistencies and unfairness in the system. While judges do their best to determine maintenance fairly, without a set formula uncertainty is built into the system.

Fortunately, New York is among those states with a formula for appointing temporary spousal support. Among its other new family law reforms (such as finally becoming a no-fault divorce state and allowing same-sex marriage) the formula for determining spousal support has met with wide approval from family law attorneys across the state. Further, those couples staying married for fear of financial upheaval can take a certain amount of comfort in the fact that post-divorce finances are not as unpredictable as they were just a few short years ago.

New York's Temporary Spousal Support Formula

Under New York's current spousal support formula, the lower-income spouse receives 30 percent of the higher-earning spouse's income, with 20 percent of the lower-earning spouse's income reduced from that amount. For example, for a spouse with $100,000 in annual income, spousal support would be 30,000 yearly. However, if the lower-income spouse made $50,000, that amount would be reduced by $10,000. So maintenance would be $20,000 per year, or a monthly payment of about $1,666.67. In no case can the lower-income spouse receive more than 40 percent of the combined income.

Considerations for Determining Post-Divorce Maintenance

While there is some discussion in making the temporary spousal support payments applicable post-divorce, currently judges still have wide latitude when creating alimony payments after divorce is final. Currently, judges take into account:
-How long the marriage lasted
-The general situation of each spouse, including finances, age and health
-The potential each spouse has to earn income in the future
-How each spouse contributed to the marriage, both financially and with respect to household upkeep and child rearing, among other factors

Presenting a Case for Spousal Support

While each of the above factors must be considered, a judge has wide latitude to determine the appropriate amount of spousal support. While the system makes post-divorce maintenance somewhat uncertain, an experienced divorce lawyer can help to make the best possible case for appropriate spousal support. If you are contemplating a divorce, contact a family law attorney who can further inform you of potential spousal support payments.

Article provided by O'Brien & Associates
Visit us at http://www.obrienassociateslaw.com/

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