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 temporary 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.

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