New York State Appellate Court Gives Insight on Calculation of Alimony

November 06, 2012

New York State Appellate Court Gives Insight on Calculation of Alimony

A recent ruling by a New York appeals court provides divorce attorneys in the state with guidance on the new version of the Domestic Relations Law, which sets out a formula to calculate temporary spousal maintenance. The new version of the law differs from the old in that it requires judges to follow a formula rather than determining a temporary spousal amount that "justice requires."

Under the updated Domestic Relations Law, judges are supposed to determine the presumptive amount of alimony according to mathematical formulas set out in the statute, and the alimony calculation is based on both of the former spouses' income as determined by their tax returns. Under the law, where the payor's income exceeds $500,000, the court can determine spousal maintenance beyond the amount set out in the formula but it must provide an explanation why it is appropriate.

In the divorce case the appeals court reviewed, the trial court ordered the former husband to pay his ex-wife $13,870 per month in spousal support and make additional monthly payments of $5,317 for mortgage payments and $855 for health care expenses. However, the ordered amount was more than the amount determined under the formula, which was $11,500. According to the appeal courts, while the former husband's income exceeded $500,000 and so could be ordered to pay more than the formula under the law, the court failed to explain why the increased spousal maintenance amount was warranted.

The appeals court rejected the trial court's alimony order and sent the case back to the trial court. The appeals court directed the trial court to provide an explanation if it awards a spousal maintenance amount beyond the amount provided in the formula.

The appeals court also ruled that spousal maintenance amounts determined under the updated law must cover all basic living expenses, including mortgage and health care costs. Mortgage, health care and other living costs cannot be tacked on outside of the calculated spousal maintenance award.

The new version of New York's spousal maintenance law is supposed to provide consistency and predictability in the calculation of temporary spousal maintenance. With the additional guidance from the higher court, divorce attorneys and their clients may be able to better predict how New York courts will decide alimony decisions.

If you are considering divorce in New York, contact an experienced family law attorney who can help determine support obligations or rights.

Article provided by The Law Office of Keith B. Schulefand, Esq.
Visit us at http://www.schulefandlawoffice.com