Understanding Spousal Support in New York

Welcome! This pamphlet is designed to help you learn about spousal support, also known as alimony or maintenance. It’s money one spouse might pay to the other during or after a divorce to help with living expenses. Remember, every situation is unique, so talk to the Stepanian Law Firm for advice tailored to you.

What is Spousal Support?

Spousal support is financial help from one spouse to the other. It can happen while a divorce is ongoing (temporary) or after the divorce is final (post-divorce). The goal is to help the receiving spouse become self-supporting, based on things like income differences and the length of the marriage.

In New York, courts use formulas to figure out the amount and length, but they can adjust based on your specific family situation. These guidelines apply to divorces and spousal support cases in the Family Court.

Types of Spousal Support

• Temporary Support: This is paid while the divorce case is going on. It helps cover needs until the divorce is final. It ends when the divorce is done or if one spouse passes away.
• Post-Divorce Support: This starts after the divorce. It can last for a set time or, in some cases, indefinitely if needed.

The same basic rules apply to both, but temporary support also looks at who pays household bills during the case.

How the Amount is Calculated

If the Paying Spouse Also Pays Child Support to the Receiving Spouse

1. Take 20% of the paying spouse’s income (up to $228,000) and subtract 25% of the receiving spouse’s income.
2. Add both incomes (up to $228,000 for the payer), take 40% of that total, and subtract the receiving spouse’s income.
3. The support amount is the lower of these two results.

Example: Suppose that the Paying spouse earns $100,000 and the Receiving spouse earns $50,000 (after subtracting FICA and NYC or Yonker’s income taxes).

• Step 1: 20% of $100,000 = $20,000 minus 25% of $50,000 = $12,500 → $7,500
• Step 2: ($100,000 + $50,000) x 40% = $60,000 minus $50,000 → $10,000
• Lower amount: $7,500 per year.

If No Child Support is Paid by the Paying Spouse

1. Take 30% of the paying spouse’s income (up to $228,000) and subtract 20% of the receiving spouse’s income.
2. Add both incomes (up to $228,000 for the payer), take 40% of that total, and subtract the receiving spouse’s income.
3. The support amount is the lower of these two results.

Example: Same incomes as above, but no child support.

• Step 1: 30% of $100,000 = $30,000 minus 20% of $50,000 = $10,000 → $20,000
• Step 2: ($100,000 + $50,000) x 40% = $60,000 minus $50,000 → $10,000
• Lower amount: $10,000 per year.

We usually compute spousal support before child support because when computing child support, we add spousal support to the receiving party’s income and subtract it from payor’s income.

Special Rules for Low Income

If the calculated amount of spousal support leaves the paying spouse with less than about $21,128 per year (the self-support reserve), then we will lower the spousal support amount so that the payors income is not less than the self-support reserve.

Income Over the Cap

For income above $228,000, the court decides any extra support based on personal and financial factors, which judges must explain their decisions.

How Long Does Support Last?

• Temporary: Until the divorce is final, but the court can set a shorter time.
• Post-Divorce: Based on how long you were married (from wedding day to divorce filing). Here’s a general guide, but the court can change it:

In some cases, support can last longer or even be lifetime depending on the circumstances.

Factors the Court Considers

Courts can adjust the amount or length if the guidelines seem unfair. They look at things like:

• Ages and health of both spouses.
• Earning abilities now and in the future.
• Need for education or training.
• If child support ends while spousal support payments continue.
• Waste of family money.
• Living together before marriage or separate homes before divorce.
• Actions that hurt one spouse’s job chances, like domestic violence.
• Cost of health insurance.
• Caring for kids, step kids, or elderly family during marriage.
• Tax effects.
• Lifestyle during marriage.
• Lost job opportunities due to marriage (e.g., staying home with kids).
• How assets are divided (for post-divorce).
• Contributions as a spouse, parent, or to the other’s career.

Your New York Alimony lawyers can use the above in your favor irrespective of whether you are the payor or the payee of spousal support. Contact NYC Alimony Attorneys at Stepanian Law Firm for Spousal Support and Maintenance. If you are going through a divorce and need extra attention paid to spousal support and maintenance, the Manhattan Alimony lawyers at Stepanian Law Firm can provide you with necessary legal consultation and service. Contact us or call us at (646) 596-6874 today.