Alimony, otherwise known as spousal maintenance, can be a very complex topic in divorce issues. There are various factors that courts consider when making these determinations. If you are working through a divorce, it is in your best interest to retain an experienced New York divorce attorney to help you navigate this extensive and stressful process. At The Law Office of Peter L. Jameson, PPLC, we are committed to defending you and your rights. Contact us today for a consultation.
What do New York courts consider when determining spousal maintenance?
Alimony will be determined by the court if it cannot be agreed upon outside of it. In New York, courts will consider various factors to determine fair and just spousal support. The formula used to determine spousal maintenance is based on the cap alimony amount of $175,000. Any amount above that is up to the court’s discretion. The duration of the support largely depends on the length of the marriage.
- Up to 15 years: maintenance could be awarded between 15 to 30% of the years married
- 16 to 20 years: maintenance could be awarded between 30 to 50% of the years married
- 20 years or more: maintenance could be awarded between 35 to 50% of the years married
If you have questions regarding how alimony is calculated, contact our firm today.
What other factors impact spousal maintenance?
All couples have unique situations, thus, not all alimony decisions can be decided with a formula. Judges will consider various different factors, including:
- Child support obligations
- Child custody arrangments
- Age of the parties
- The health of the parties
- Earning capacity
- Income and property
- The need for education or training of the dependent spouse
- Deferred life goals of the dependent spouse
- Tax consequences
- Caring for family members
Spousal maintenance determinations are complex. A court will consider these factors and the formula above to consider what is most appropriate.
Is New York a no-fault divorce state?
Yes, New York is a no-fault divorce state. Even though either party can cite fault grounds for the divorce, they rarely impact the spousal maintenance decision. For example, if the dependant spouse cheated on the other, the independent spouse may still be obligated to support them. Economic fault, on the other hand, is different. If a spouse was to purposefully negatively affect the finances of the independent spouse, it could be used in the decision.
If you have questions about New York’s no-fault divorce rules, contact The Law Office of Peter L. Jameson, PLLC today.
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The Law Office of Peter L. Jameson, PLLC understands the harsh implications of relocation can have on a child and his or her parents. When you have a contested relocation matter, it is important to have an experienced attorney to represent you in court. If you are faced with a relocation matter in Rockland County, contact The Law Office of Peter L. Jameson, PLLC today to schedule a consultation.