Ny Divorce Law For Maintenance
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FAQ
Without minor children you take 20% of the lower-earning spouse's net income and 30% of the higher-earning spouse's net income. In this example we have $50,000 for the lower-earning spouse's income. 20% of that is $10,000. And we have $100,000 for the higher-earning spouse, and 30% of that is $30,000.
Are there limits on how long you have to pay spousal support in New York? No, there are not limits on how long you have to pay spousal support in New York.
Q: What Is the Spousal Maintenance Cap in NY? A: The calculation for spousal maintenance is capped at $203,000 to determine the amount that the spouse may need to pay. If there is an additional award over the cap, then it is at the discretion of the court to make the determination.
Marriages lasting 0-15 years incur spousal support for 15%-30% of the length of the marriage. Marriages lasting 15-20 years incur spousal support for 30%-40% of the length of the marriage. Marriages lasting 20+ years incur spousal support for 35%-50% of the length of the marriage.