What is Spousal Support?

While courts are able to exercise discretion to determine an appropriate amount of spousal support, in 2016, New York began using a presumptive formula to determine how much “temporary maintenance” should be paid in a divorce. New York’s courts provide a temporary spousal maintenance calculator. When spousal support is ordered to be paid, the court does not set a time limit on the award and spousal support must be paid until the other party seeks to terminate or modify the support or the parties become divorced.

What is Spousal Maintenance?

Spousal maintenance is what New York now calls alimony. In some situations, courts order that parties pay spousal maintenance to their former spouse indefinitely, in others courts require payments for set period of time following the divorce, and in others no spousal maintenance is awarded at all.

When determining whether, how much, and for how long to award spousal maintenance, courts consider the following factors:

• The income and property of each spouse, including each spouse’s share of the marital property, as divided by the court. Courts consider the specific circumstances of each party in deciding whether to award spousal maintenance. If one party has received a large portion of the marital property or has significant resources like an inheritance, spousal maintenance will be lower.

• The length of the marriage as a longer marriage is likely to result in a larger spousal maintenance, especially if one spouse has earned substantially less than the other or stayed home with the children.

• The age and health of the parties as a spouse who is older or in poor health is likely to be awarded higher spousal maintenance.

• The present and future earning capacity of both spouses, as courts consider a party’s ability to become self-supporting in awarding spousal maintenance. A spouse who will never be self-supporting may be entitled to a longer or lifetime award.

• A spouse’s need to incur training or education expenses, as courts are likely to grant a temporary award of spousal maintenance if additional training or education will make them more self-supporting.

• The existence and duration of a joint household before marriage or separate households before divorce, as it goes to the duration of the relationship.

• Acts by one spouse against another which interfered with the other’s earning capacity or ability to get a job. Such conduct includes considerations of domestic violence and other spousal misconduct.

• Where the children live as a child’s age or health circumstances may impact a spouse’s ability to work and thus interfere with their ability to meet their reasonable expenses. Courts also consider whether a spouse’s earning capacity is inhibited by ongoing care of step-children, adult children with disabilities, or elderly parents or in-laws.

• Exceptional expenses for the children which might include the costs of schooling, daycare, and/or medical expenses for the couple’s children.

• Tax consequences, as spousal maintenance is considered income and is taxed as such.

• The non-financial contributions during marriage as a spouse, parent, wage earner, homemaker, and in assisting the career or career potential of the other party.

• The wasteful dissipation of marital property by a spouse and/or transfers or encumbrances made due to divorce without fair consideration.

• The loss, availability, and cost of health insurance.

• Any other factors which the court deems just and proper.