How Spousal Maintenance Works in New York
The state of New York views both partners in marriage as equals and values all contributions made to the marriage. Some of those contributions, such as raising children or the care of elderly parents, don’t come with monetary remuneration. State law—specifically Subsection 236 B(5(C) of the Domestic Relations Law—is intended to see that a spouse whose contributions can’t be measured in dollars can still live the lifestyle they were accustomed to.
Spousal maintenance, casually known as “alimony,” is the legal mechanism that makes this happen. Maintenance payments are based on a range of considerations, including the length of the marriage, what is needed for the economically disadvantaged spouse to become self-sufficient, and several other factors that are unique to each couple.
Like child support, there is a set formula up to a certain income threshold, at which point the judge can start to flexibly consider adjustment factors. As of March 1, 2024, that threshold was increased to $228,000 annually.
Types of Spousal Support in New York
In New York, spousal maintenance (alimony) is financial support paid by one spouse to the other after a divorce or separation. The state recognizes several types of spousal support, each serving a specific purpose:
- Temporary Maintenance: During the divorce process, temporary maintenance is awarded to the spouse who earns less to ensure that their standard of living remains intact while the divorce is in progress. Once the divorce is complete, temporary maintenance ends.
- Post-Divorce Maintenance: This is financial support awarded after the divorce is finalized. Marriage length, recipient needs, payer ability, and standard of living are all factors determining the duration and amount of the child support.
- Rehabilitative Maintenance: Provides financial support while the spouse receives training or education to become self-sufficient. It is often awarded for a limited time and ends once the recipient becomes financially independent.
- Permanent Maintenance: It is possible to obtain long-term or permanent maintenance in rare cases, especially if one spouse cannot reasonably support oneself due to age, illness, or other factors.
Each type of maintenance is tailored to the specific needs of the parties and requires careful evaluation by the court to ensure fairness.
Basic Child Support Guidelines in New York
The overarching philosophical premise underlying child support guidelines in the state of New York is this – children have the right to share in the lifestyle of their parents. Thus, payment levels are determined on a percentage basis. The income levels of parents are determined using sources that go beyond the wages of employment and can include payments from workers’ compensation, Social Security, disability, unemployment insurance, and more. It is worth noting, however, that means-tested government programs, such as Supplemental Security Income (SSI) and others, are not counted towards a parent’s gross income.
Other factors involved are the number of children the non-custodial parent is paying to support, and access to medical care. These are the basic guidelines that apply in all cases where the combined income of both parents is $183,000 or less. If combined gross income exceeds the $183K annual threshold, a judge may take adjustment factors into account.
To speak with our experienced Long Island spousal support lawyers, give us a call at (516) 212-9211 or contact us online today.
Adjustment Factors in Child Support
The basic premise—the right of children to share in the lifestyle of their parents – continues to animate the guidelines that judges can consider when deciding if and how to adjust the support payment amount derived from the basic guidelines.
Adjustment factors will include factors like how much the combined income of the parents exceeds the threshold. For example, parents who earn a combined $175,000 may not see much of an adjustment factor at all, if any. However, what if the non-custodial parent earns $500,000 a year with a substantial stock portfolio? It’s possible that the child support amount could be adjusted to allow for factors like attending a certain level of private school, and other benefits typically associated with families at this income level.
There’s more to raising children than money, and judges are permitted to consider each parent’s non-monetary contributions. It’s also possible that, as part of a spousal maintenance (alimony) agreement, the custodial parent is undergoing some type of education to help them ramp up their career and become economically self-sufficient. That can have ripple effects on child support.
Tax consequences also matter in child support calculation. It’s important to work with an attorney who is familiar with all the financial nuances of each decision within a divorce settlement generally, and the child support agreement specifically. At RFL, we have the detailed knowledge you are looking for.