The New York state legislature has created a default formula for courts to use as a guideline when calculating the amount and the duration of spousal maintenance. This statutory formula takes into consideration the incomes of each spouse and the duration of the marriage.
Actually there are two different formulas, one for the situation where the payer spouse is also paying child support, the other used when the payer spouse is either not paying child support or is receiving child support from the other parent. An income cap of $175,000 per year is applied under the formula. But it’s important to note that the result of the formula is a guideline and that courts have the discretion to adjust the amounts depending upon the facts and circumstances of the case, which include marital lifestyle.
James Nolletti is a White Plains divorce lawyer and founder of Nolletti Law Group. James has over 30 years of experience in providing excellent service to individuals going through divorce who have complex divorce issues and significant assets. For more information on James and his firm please visit NollettiLawGroup.com.