Can I Get Spousal Maintenance?

SHORT ANSWER: YES, if you qualify.

Every divorce started in the State of New York, now requires a notice as follows:

NOTICE OF GUIDELINE MAINTENANCE
If your divorce was commenced on or after January 25, 2016, this Notice is required to be given to you by the Supreme Court of the county where your divorce was filed to comply with the Maintenance Guidelines Law ([S. 5678/A. 7645], Chapter 269, Laws of 2015) because you may not have counsel in this action to advise you. It does not mean that your spouse (the person you are married to) is seeking or offering an award of “Maintenance” in this action. “Maintenance” means the amount to be paid to the other spouse for support after the divorce is final.

You are hereby given notice that under the Maintenance Guidelines Law (Chapter 269, Laws of 2015), there is an obligation to award the guideline amount of maintenance on income up to $178,000 to be paid by the party with the higher income (the maintenance payor) to the party with the lower income (the maintenance payee) according to a formula, unless the parties agree otherwise or waive this right. Depending on the incomes of the parties, the obligation might fall on either the Plaintiff or Defendant in the action.

There are two formulas to determine the amount of the obligation. If you and your spouse have no children, the higher formula will apply. If there are children of the marriage, the lower formula will apply, but only if the maintenance payor is paying child support to the other spouse who has the children as the custodial parent. Otherwise the higher formula will apply.

Lower Formula
1-Multiply Maintenance Payor’s Income by 20% .
2-Multiply Maintenance Payee’s Income by 25% .
Subtract Line 2 from Line 1: = Result 1
Subtract Maintenance Payee’s Income from 40% of Combined Income* = Result 2.
Enter the lower of Result 2 or Result 1, but if less than or equal to zero, enter zero.
THIS IS THE CALCULATED GUIDELINE AMOUNT OF MAINTENANCE WITH THE LOWER FORMULA

Higher Formula
1-Multiply Maintenance Payor’s Income by 30%
2- Multiply Maintenance Payee’s Income by 20%
Subtract Line 2 from Line 1= Result 1
Subtract Maintenance Payee’s Income from 40% of Combined Income*= Result 2
Enter the lower of Result 2 or Result 1, but if less than or equal to zero, enter zero
THIS IS THE CALCULATED GUIDELINE AMOUNT OF MAINTENANCE WITH THE HIGHER FORMULA

*Combined Income equals Maintenance Payor’s Income up to $178,000 plus Maintenance Payee’s Income
Note: The Court will determine how long maintenance will be paid in accordance with the statute.
(Rev. 1/31/16)

 

This does not and cannot serve as legal advice. The answers only apply in the State of New York. You are advised to speak with an attorney.

 

Next Post