Category Archives: Spousal Maintenance

New York's divorce and family law blog

Alimony Reform- Are The Times A’Changing?

26804-maintenance payment Nationwide, there has been a movement for alimony reform. States have considered have considered a litany of solutions to fix the arbitrariness of alimony or maintenance as is it is better known in New York. Maintenance can vary in both duration and the amount of the payments. Last year, the New York legislature considered proposals that would utilize a mathematical formula to calculate post judgment awards of maintenance in much the same way temporary maintenance is calculated. Most New York divorce practitioners...
Read more

New York Maintenance Laws To Change: How Will Post Divorce Maintenance Be Determined?

The laws governing spousal maintenance in New York may be soon be changing.   

The Law Revision Commission issued a recommendation that New York adopt a formula to determine not only temporary maintenance, but post divorce maintenance as well.

Presently, New York courts only use a formula to award temporary maintenance.    Post divorce maintenance is generally based on consideration of a number of statutory factors.    

According to the recommendation, the maintenance formula would apply to the first $136,000 of income.    Courts would have discretion to vary from the guidelines...

Read more

A Change of Economic Circumstances: When a Party Hits the Lottery

lottery ticket After a divorce is filed it is not uncommon for one of the parties to claim that they are no longer self supporting and have suddenly become indigent.  It is a much rarer issue when one of the parties suddenly becomes rich.   Two recent cases illustrate what happens when one party wins the lottery.  Prior awards of maintenance, child support and even attorneys’ fees have to be re-evaluated.   In New York, after receiving an award of temporary maintenance, pendente lite attorneys’ fees and...
Read more

How is Maintenance Calculated in New York: A Look at the Statutory Factors

Planen und finanzierenAt the same tine no fault divorce came to New York, the laws regarding maintenance or alimony as is known elsewhere were changed. New York Courts were empowered to award temporary maintenance by way of a troublesome and formulistic calculation (discussed here). Maintenance to be paid after a divorce is now determined by consideration by an expanded list factors instead the type mathematical formula used to award temporary maintenance.    The twenty statutory factors to be considered are:

 (1) the income...

Read more