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- In New York, spousal support/ maintenance is determined by a guideline calculator based upon the income of the two parties and the length of their marriage. The Court is allowed to deviate from the guideline amount based on a number of potential rebuttal factors, however, such deviations are rare. The calculation the Court uses is set forth below.
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People also ask
How is maintenance calculated in a New York divorce?
Who pays maintenance in a divorce in New York State?
How is maintenance calculated in New York?
How is alimony calculated in a New York divorce?
How do you calculate maintenance (alimony) in New York?
How is spousal support determined in New York?
May 1, 2023 · Calculating maintenance in New York is unique to each divorce situation and the parties involved. The calculation is complex, but the state does provide an online calculator you can use to get a rough idea of the amount in your case.
- Bryan Driscoll
The maintenance formula in New York is also based on the parties’ incomes. Therefore, the first step in calculating maintenance in New York is determining your and your spouse’s income. In the simplest cases, income is what you report on your most recent federal tax return.
Oct 25, 2015 · Worksheets to calculate guideline amounts of maintenance and child support. Optional tools to help with calculations are below.
Apr 1, 2010 · This page will help you calculate the figures a New York judge would consider in determining how much should be paid in maintenance and child support. (Maintenance – sometimes referred to as alimony – is support paid by the higher-earning spouse to the lower-earning spouse during and/or after a divorce.)
- What Is Alimony in New York?
- How Alimony Works in New York
- Duration of Spousal Maintenance
- Alimony and Taxes in New York
- Modifications to Spousal Maintenance in New York
Alimony refers to payments from one spouse to the other to provide for the support and maintenance of the supported spouse. The amount and duration can vary widely, depending on the facts and circumstances.
What are the types of alimony in New York?
There are two types of alimony in New York: temporary spousal maintenance and post-divorce spousal maintenance. Temporary maintenance refers to the alimony paid while a divorce is ongoing. Post-divorce maintenance, on the other hand, refers to the alimony ordered by the final judgment which is paid after the divorce. Post-divorce maintenance can be divided into two buckets: 1. Durational spousal maintenance 2. Permanent spousal maintenance Durational spousal maintenance is paid after divorce...
How is temporary alimony calculated in a New York divorce?
As of January 23, 2016, a statute was implemented that is a formulaic approach to the calculation of spousal support. It’s the same calculation for temporary spousal support and post-divorce or post-separation spousal support. They are identical now.
How does the spousal support calculator work?
It’s a bit complicated. There are two calculations. The result of the two calculations that’s lower is the amount of spousal support paid. Let’s use two examples — one with round numbers and the other with more details added in. For the first calculation, you take 20% of the payor’s income, up to and including something called the cap, which is $184,000. That means that if you’re making $200,000, it’s capped at $184,000. Then you subtract 25% of the payee’s income. That will give you result n...
How long do you have to be married to get spousal support in New York?
The right to spousal support arises on the day of your marriage. However, unless you’re married for approximately six months or more, generally speaking, the court’s not going to award it, because you’d only be getting spousal support for two months, at the most. It’s not even worth the time unless the income disparity between the two of you is huge. For less than six months, I would say that no court’s going to award spousal support, unless one of you is a multi-millionaire, and the other ma...
How long is rehabilitative alimony paid in New York?
There’s something called the advisory schedule. The advisory schedule is a chart that tells you how long spousal maintenance will be paid for based on the length of the marriage. Let’s say you were married on October 1, 2010. And your divorce started on October 1, 2019. That would be a marriage of nine years. The advisory schedule says up to 15 years, you get 15% to 30% the length of the marriage. That range would be one year, four months to two years, eight months. That is not written in sto...
What are the tax consequences of spousal support? Is alimony taxable in New York state?
As of January 1, 2019, on the federal level, alimony is no longer deductibleby the payor spouse, nor is it considered income to the payee spouse. For your federal returns, if you’re paying spousal support, you do not get to deduct it. If you’re receiving spousal support, you do not declare it. In that regard, it’s like child support always was a non-taxable event on either side. However, in New York state, as for the state returns, it’s still deductible by the payor. It is tax-deductible to t...
Is it tax-deductible for the payee, or do they have to add it to their income for taxes?
The payee has to add it to their income in New York state, but not federal.
When can spousal maintenance be modified in New York?
If spousal support was awarded through a trial with a judge’s decision, the standard for modification is lower than if it was negotiated and fixed in a settlement agreement, which is a contract between the parties. It’s two levels of modification impediments. If you are a recipient of spousal support or the payor of spousal support calculated by a judge in a trial, you have to show a significant change of circumstances. Either you or your ex-spouse can modify it through court action, but the...
What’s the impact of cohabitation on alimony?
It’s a misconception by lawyers and laypeople that cohabitation automatically terminates spousal support. That’s wrong. That’s not in the law, but as a custom, it’s written into agreements. However, the law does say that if one person is holding out, that’s the term, “holding out,” as the spouse of another, then it could be terminated. For example, John and Mary are boyfriend and girlfriend. Mary is receiving spousal support from her former husband. They move in together and get a joint check...
Are there any other situations that would result in the automatic termination of alimony?
Yes. The death of the payor spouse, the death of the payee spouse, the remarriage of the payee spouse, the holding out as the spouse of another person. Other situations would include an agreement regarding the duration of spousal support, when that agreement states that maintenance would automatically terminate. Or, in a judicial decision, the court says, “You have spousal support for ten years from today,” then it automatically terminates by itself on that date. The automatic main terminatio...
New York Alimony or Maintenance Calculator that calculates alimony or maintenance payable based on a state formula.
Apr 25, 2024 · In New York, spousal support/ maintenance is determined by a guideline calculator based upon the income of the two parties and the length of their marriage. The Court is allowed to deviate from the guideline amount based on a number of potential rebuttal factors, however, such deviations are rare.
