NYC Spousal Support Calculation In 2021, the cap was $192,000. Effective March 1, 2022, the spousal support cap will be $203,000.
Income of the Respective Spouses Typically, the judge will take 20% of the lower-earning spouse's income and subtract that number from 30% of the higher-earning spouse's income. For example, one spouse makes $100,000, and the other makes $20,000. Thirty percent of $100,000 is $30,000, and 20% of $20,000 is $4,000.
If the marriage lasted up to 15 years maintenance lasts 15% to 30% of the length of the marriage. If the marriage lasted 15 to 20 years, maintenance lasts 30% to 40% of the length of the marriage. If the marriage lasted over 20 years, maintenance is expected to last 35% to 50% of the length of the marriage.
Under New York law, if the recipient spouse remarries, he or she is no longer entitled to spousal support, unless the marital settlement agreement states otherwise. Note that cohabitation may also terminate support where the recipient spouse is living with another person in a marriage-like relationship.
For instance, alimony typically is set to last 15% to 30% of the length of a marriage up to 15 years, 30% to 40% of the length of a marriage lasting 15 to 20 years, and 35% to 50% of the length of a marriage lasting over 20 years. The calculated limit is the maximum alimony the recipient can receive.
These revisions reflect the required statutory adjustment on March 1, 2024 of the combined income cap under the Child Support Standards Act from $ $163,000 to $183,000, and of the income cap of the maintenance payor under the Maintenance Guidelines Act from $203,000 to $228,000.
Typically, the judge will take 20% of the lower-earning spouse's income and subtract that number from 30% of the higher-earning spouse's income. For example, one spouse makes $100,000, and the other makes $20,000. Thirty percent of $100,000 is $30,000, and 20% of $20,000 is $4,000.
Typically, the judge will take 20% of the lower-earning spouse's income and subtract that number from 30% of the higher-earning spouse's income. For example, one spouse makes $100,000, and the other makes $20,000. Thirty percent of $100,000 is $30,000, and 20% of $20,000 is $4,000.
New York's equitable distribution law specifies that you are entitled to a division of all “marital property” assets that were acquired during the marriage. With few exceptions, marital property generally includes both spouses' income, purchases made with that income, and retirement benefits.
In most cases, if a spouse can work and their former spouse cannot afford to provide spousal support, the court can deny alimony. It is pertinent to note that New York is a no-fault divorce state, meaning both parties could cite fault grounds, however, it will not affect whether a spouse is granted spousal maintenance.