How Spousal Maintenance Amounts Are Determined in New York
While the decision whether to order spousal maintenance may be left to a judge’s discretion, the amount of both temporary and post-divorce maintenance is generally calculated based on statutory formulas. There is also a formula to determine the duration of maintenance payments.
These statutory formulas take the incomes of each spouse and the duration of the marriage into consideration. However, the formula is just a guideline, and ultimately, the court holds the discretion to adjust the amounts based on the facts and circumstances of the case, which includes the marital lifestyle.
Beyond the formulas, the court will consider the practical needs and responsibilities of each party while moving forward after the divorce. For example, if the parties have young children and the custodial parent cannot re-enter the workforce without additional school or training, the duration of maintenance may exceed the statutory guidelines. Conversely, if the non-moneyed spouse has the training and ability to work, income may be imputed even though the spouse is not currently in the workforce.
If the parties had a high standard of living during the marriage and one party has a much higher earning capacity than the other, a court may be more likely to order additional maintenance. This can make spousal maintenance determinations in high-net-worth divorces highly contentious, but our team at Nolletti Law Group PLLC is up to the task. We are prepared to proceed to divorce litigation to achieve complete financial disclosure.
Modifying Spousal Maintenance Orders in New York
A spousal maintenance order can only be modified when a “substantial change in circumstances” has occurred since the previous order was issued. This standard applies to all applications to adjust the maintenance amount or duration, whether the request is for a decrease or an increase.
Whether you are seeking an increase, reduction, or termination of spousal maintenance payments, our attorneys can review your circumstances and advise whether your application is likely to succeed. If we agree that a modification is warranted under New York law, we can prepare persuasive arguments and work to achieve your objectives. We can also defend against unwarranted changes.
When the Payor Seeks a Reduction or Termination of Payments
A payor spouse seeking to decrease or end their maintenance obligation must prove that an involuntary event has substantially impaired their ability to pay or that the payee’s need for support has lessened. The most common basis for a payor’s request involves demonstrating unforeseen financial hardship. This may include involuntary job loss, a significant and sustained decline in a professional practice or business income, or the onset of a serious health condition that compromises the payor’s earning capacity.
Courts scrutinize these claims rigorously. They will disregard any voluntary reduction in income or failure to diligently seek comparable employment. Furthermore, a payor’s good-faith retirement at a reasonable age that results in a documented reduction in income constitutes a valid ground for seeking a modification or termination.
A reduction or termination may also be justifiable if the payee’s financial standing improves. Maintenance usually terminates upon the payee’s remarriage. The payor may also seek a reduction if the payee secures substantially higher employment income or receives a large inheritance that reduces their reliance on maintenance payments.
When the Payee Seeks an Increase in Payments
A payee spouse seeking an upward modification must demonstrate that a substantial, unforeseen event has prevented them from becoming self-supporting or has dramatically increased their necessary expenses, rendering the original award inadequate. The payee must generally show a significant and involuntary decline in their own ability to meet their needs. This includes developing a serious, debilitating medical condition after the divorce that compromises their ability to work, or a drastic increase in necessary expenses directly related to maintaining their health or safety.
While the payor’s subsequent increase in income is a factor the court may consider, the payee must primarily establish that the existing maintenance award is demonstrably insufficient to meet their needs. This typically requires demonstrating that the substantial change has hindered the payee’s path to the self-sufficiency that the original order intended.
If you have questions about your rights and options concerning spousal maintenance, we encourage you to call (914) 768-2902 or contact us online to schedule a consultation with our team.
