Table of Contents
What is Spousal support is an important consideration during a divorce proceeding, and it is essential to understand your rights in this regard. Calculating spousal support in New York is important when considering how to resolve a divorce.
Frequently Asked Support Questions
The most common question is: Do I have to support my wife after the divorce? It is important to note that a wife does not automatically get support/maintenance. In fact, if she makes more money than her husband, she could end up paying him.
The second most common question is: How much do I have to pay my wife or husband? The amount is based upon a mathematical calculation between the parties’ two incomes.
Spousal Support for Divorces Filed After January 2016
Since January 2016, New York has had a mandatory Spousal Support (Alimony) law that will apply to all New York divorces filed on or after January 25, 2016. Post-divorce support (alimony) is no longer left up to the judge but is now based upon a mathematical formula.
If your support order was issued before January 2016, or your divorce was filed before January 2016, nothing below will apply to you.
Introduction to Spousal Support/Maintenance in New York
Spousal support/maintenance, also known as alimony, is a payment made by one spouse to the other after a divorce. This payment is usually made to the lower-earning spouse to ensure that they are not left in financial hardship after the divorce. It is intended to help the lower-earning spouse maintain a standard of living that is similar to what they enjoyed during the marriage.
What is Spousal Support/Maintenance?
Spousal support/maintenance is a legal obligation that is imposed on one spouse to provide financial support to the other spouse after a divorce. It’s purpose is to ensure that the lower-earning spouse is not left in a financially vulnerable position after the divorce. The payment can be made periodically or in a lump-sum payment.
Alimony Laws in New York – Understanding the Basics
In New York, spousal support/maintenance is governed by the Domestic Relations Law. The law provides guidelines and factors to consider when awarding spousal support/maintenance. In New York, spousal support/maintenance can be awarded for a fixed period, until the receiving spouse remarries, or until the death of either spouse.
Spousal Support is Determined by a Mathematical Calculation
Prior to January 2016, a judge had discretion on whether to order spousal support (maintenance/alimony) and if so, how much would be paid. That power was removed, and now it is based solely on a mathematical calculation on who makes more money.
I should point out that all this math does seem scary, but the courts have given us “cheat sheets.” Here is a link to the New York Court’s online Support Calculator.
Before we can determine spousal support after divorce, we must first determine if there will be child support paid. If not, we use one calculation and not another one.
First, we determine who makes more money. All money from all sources is considered. We multiply 30% against the higher earner’s income (called the “payor.”) Then we multiply 20% against the lower earner’s income (called the “payee”). Next, we subtract the payee’s income from the payor’s income. This provides calculation “A”. But we don’t stop there.
Next, we add both incomes together and multiply that sum by 40%. Then we subtract the payee’s income from that amount. This is calculation “B”.
The lower of Calculation “A” or Calculation “B” will be the amount the payor must pay to the payee.
Example of the Spousal Support Calculation – No Children
EXAMPLE
The wife earns $10,485.11 a month and the husband earns $3750 per month.
Calculation A:
- 30% * 10,485.11 = $3,145.53 : We multiply the payor’s income by 30%
- 20% * 3750 = $750 : We multiply the payee’s income by 20%
- $3,145.53 – $750 = $2,395.53 : We subtract and get Calculation “A”
Calculation B:
- $10,485.11 + $3750 = $14,235.11 : We add both incomes
- 40% * $14,235.11 = $5,694.04 : We multiply the sum of the incomes by 40%
- $5,694.04 – $3750 =$1,994.04 : We subject the payee’s income from that number
Since $1,994.04 is less than $2,395.53, the wife will have to pay to the husband the amount of $1,994.04 per month. We have used the example of the wife as the payor to underscore the point that this statute is gender-neutral. Husbands don’t as a rule pay wives. The rule is that the person with the larger income regardless of sex pays the spouse with the lower income.
Example of the Spousal Support Calculation – With Children
Now, let’s look at what happens when there is child support involved. Click here for an article on Child Support. We’ll now address the situation when the payee spouse is also receiving child support. In this case, Calculation B remains the same, but Calculation “A” changes. Instead of the payor’s income being multiplied by 30%, it is multiplied only by 20% and we subtract 25% of the lower earner’s income:
Calculation A:
- $10,485.11 * .20 = $2,097.022
- $3,750 * .25 = $937.50
- $2.097.02 – $937.50 = $1,159.52
In this example, since the wife will be paying child support to the husband, Calculation “A” is now $$1,159.52 and is now lower than Calculation “B”. Therefore, the wife will only have to pay $1,159.52 instead of $1,994.04. In this example, we’ve also had the father as the custodial parent. We did this to point out that mothers do not automatically get the children. Fathers can and do get awarded custody.
Yes, this does look complicated. To be honest, I use a spreadsheet and a calculator to figure this out.
The Length of Spousal Support
Unlike alimony back in Grandma’s time, Spousal Support is not forever. It is only to be paid for a limited time. Once the court determines that support/maintenance will be paid, then it will determine the length of time. The court will apply advisory guidelines on how long the post-divorce maintenance will last.
Between zero and 15 years of marriage: 15% – 30%
Between 15 and 20 years of marriage: 30% – 40%
More than 20 years of marriage: 35% – 50%
Examples of How Long Spousal Support Will be In Place
If the parties were married for 7 years, then the court could order anywhere between one and two years of support. For a couple married 20 years the court could order between six and eight years of support. If the parties were married for more than 20 years, then court could order support to be paid for up to half the time of marriage. For a 40 year marriage, that would be 20 years, for a 25 year marriage that could be 12 1/2 years.
Conclusion
The spousal support/maintenance statute has made the determination of maintenance simpler to predict, but it still came be somewhat complicated to calculate. If you have questions, call Port and Sava at (516) 352-2999 for a free 15 minute telephone consultation.
