When a couple decides to part ways, spousal support can become a contentious issue in divorce. These payments are meant to help maintain the living standard of the marriage and the financial status quo while an economically dependent spouse gets back on their feet after divorce. However, it is not awarded automatically in every case — calculating spousal support in New York can be complex and requires an analysis of many different factors.

What is Spousal Support?

Spousal support, also referred to as alimony or maintenance, is payment made by a higher-earning spouse to the lower-earning spouse after divorce so that their needs can be met. There are two different types of New York spousal support that can be awarded in a divorce case. These include temporary maintenance, which is awarded while the case is ongoing, and post-divorce maintenance which is paid after the divorce is finalized.

How is New York Spousal Support Calculated?

New York courts use a standard formula as a guideline for establishing alimony payments. However, courts have a significant amount of discretion when it comes to ordering whether alimony is awarded — and how much. The three main factors that are considered when calculating spousal support include 1) the income of the parties; 2) whether child support is being paid; and 3) the length of the marriage.

Importantly, there is an income cap on the amount of the payor’s income of $228,000. In such cases, the amount of any additional support payable is within the judge’s discretion. In cases where child support is not a factor, the amount of spousal support payments will be the lower of:

• 30 percent of the payor’s income up to the income cap, subtracted by 20 percent of the payee’s income or
• 40 percent of the couple’s combined income (up to the income cap for the payee), minus the payee’s income

The period of time spousal support will last is 15% to 30% of the length of a marriage that lasted up to 15 years. It can last 30% to 40% of the length of a marriage that was 15 to 20 years and 35% to 50% the length of a marriage that lasted more than 20 years.

How is New York Spousal Support Calculated When Child Support is Being Paid?

A different calculation is used for New York spousal support when child support comes into play in the divorce. In cases where a non-custodial parent will be paying both child support and spousal support, the amount of spousal support payments will be determined by taking 20 percent of the payor’s income and subtracting 25 percent of the payee’s income.

Can Courts Deviate from the Spousal Support Guidelines?

Although New York courts use a standardized formula to determine the amount of spousal support, a judge can deviate from the amount when appropriate. In addition to the statutory formula, a judge can increase or decrease the amount of support when it would be fair and reasonable to do so. The factors that would be applied by the court include the following:

• The age and health of the parties
• The present and future earning capacity of the parties
• The needs of one party to incur training or education expenses
• Whether child support impacts the amount of maintenance
• Whether marital assets were wasted or transferred unfairly
• The existence and duration of a pre-marital joint household
• Whether one spouse inhibited the other’s earning capacity, such as by domestic violence
• The availability and cost of medical insurance
• The tax consequences of a spousal support award
• Whether caring for children, stepchildren, or elderly parents inhibits a party’s earning capacity
• The standard of living established during the marriage
• Reduced earning capacity due to giving up career opportunities during the marriage
• The income a party would receive as a result of the equitable distribution of marital property
• The contributions of the payee to the household or payor’s career
• Any other relevant factors the court believes would be just and proper to consider

Significantly, spouses don’t need to rely on the court to make a decision regarding spousal support in their case. They are free to negotiate an amount and duration they believe would be fair to both parties and enter into a settlement outside of court. Spouses may consider using mediation or the collaborative divorce process to achieve a fair outcome.

Can Spousal Support Ever Be Modified?

Regardless of the duration of time spousal support was ordered, all New York spousal support awards end upon the death of either spouse or the remarriage of the recipient spouse. Either party may also request a modification of a spousal maintenance order if there is a substantial change in financial circumstances. For example, a court would consider general financial hardship of the payor by job loss or illness. A court might also modify a spousal support award if the payee spouse’s financial situation changes by finding work that substantially increases their income or receiving a significant inheritance.

Contact an Experienced New York Divorce Attorney

If you are going through a divorce and calculating spousal support is an issue, it’s essential to have a knowledgeable family law attorney by your side who can safeguard your rights and protect your financial interests. At Duke Law Firm, P.C., we are committed to providing our clients with the representation they need for a variety of divorce and family law matters. Offering personalized time and attention in every case, we welcome you to contact us today to schedule a consultation to learn how we can help.