Long Island Temporary Maintenance Attorney
New Guidelines for Temporary Spousal Maintenance in New York
Before New York's no-fault
divorce laws were passed in October 2010, a spouse seeking temporary maintenance
was required to justify their need for financial support. Now, the state's
temporary spousal maintenance laws do away with the old approach and instead,
use a mathematical formula to assess the financial needs of the divorcing
spouses. The new maintenance guidelines may be implemented if one spouse's
income is less than two-thirds of the other spouse. The court will typically
only deviate from these guidelines is if they find that the formulaic
approach is unjust or inappropriate. Otherwise, the lower amount that
is derived from these two formulas will be used in cases where there is
no child support also being paid by the payor sposue:
30% of the higher income minus 20% of the lower income
Example: You make $100,000 and your spouse makes $50,000. 30% of $100,000 is $30,000,
minus 20% of $50,000, which is $10,000. As a result, you would be required
to pay $20,000 in temporary spousal maintenance.
40% of the combined income minus 100% of the lower income
Example: You make $100,000 and your spouse makes $50,000. 40% of $150,000 is $60,000,
minus 100% of the lower income, which is $50,000. As a result you would
be required to pay $10,000 in temporary spousal maintenance.
What if the calculated maintenance award is unjust or inappropriate?
As mentioned earlier, the court may deviate from these standardized maintenance
guidelines if they believe that the award is unjust or inappropriate.
Since this system is relatively new, the current guidelines for awarding
spousal maintenance may not always be effective. For this reason, it is important for you
to understand that nothing is set in stone. With the help of a Long Island
divorce lawyer from the
Rubenfeld Law Firm, you can fight for a temporary spousal maintenance award that is both
fair and appropriate for the unique set of circumstances that you and
your spouse are facing.
Contact Rubenfeld Law Firm Today for a Free Initial Consultation
Have you found yourself in need of a skilled
family law attorney in Long Island, NY or a surrounding area? If so, you have come
to the right place. The dedicated team at Rubenfeld Law Firm offers
more than 25 years of experience in the areas of family and matrimonial law, so you can trust that our
firm is well-equipped to manage any and all of the contentious legal matters
that you are currently facing.
Call today at (631) 777-7200 to discuss your case with our Long Island divorce attorney for free.