Couple Is Divorced Or Divorcing
If the spouses are divorced, the financial support one ex-spouse gets from the other ex-spouse is called maintenance. Maintenance is decided in Supreme Court during a divorce case.
If there is an order for spousal support from Family Court before a divorce case is started in Supreme Court, the order for spousal support will end once a final judgment of divorce is signed unless the judgment of divorce specifically states that the spousal support continues as maintenance.
Are Men Allowed To Receive Alimony Here In New York
In short, the answer is yes, men can, and often do, receive alimony here in New York State. Alimony is calculated by a number of factors, though the most important factors include each spouses income, their earning potential, and the duration of their marriage. If one spouse makes a significant amount more than the other spouse, the other spouse can request alimony to retain their standard of living, regardless of their gender. Some additional factors courts will consider are as follows:
- Each spouses age and health
- Whether there is a child custody/support agreement in place
- Whether one spouse sidelined their career in support of the other spouses career
- The cost of living
How Much Alimony Can I Receive
The amount of maintenance that a spouse may receive primarily depends on how much their spouse earns and whether or not they will also be receiving child support from their spouse. Currently, in New York, there is an income cap of $184,000 of the annual income of the paying spouse.
If the paying spouses income is either equal to or less than the income cap, the court will calculate a maintenance amount by following a specific formula which involves examining both the incomes of the paying spouse and the receiving spouse. There are three formulas which may be used to calculate the amount of maintenance the receiving spouse is entitled to receive.
The formula that is used depends on whether or not the paying spouse will also be paying child support to the receiving spouse. It also depends on whether or not the amount that was calculated by the initial formula would result in the income of the paying spouse falling below a predetermined amount set for supporting themselves.
Although the court is required to follow the applicable formula in order to determine the base amount of maintenance, it also has discretion to award an additional amount of maintenance if the paying spouse has an income above the previously mentioned cap amount.
In order to determine how much maintenance should be ordered beyond the base amount, the court will consider several factors, including:
What Counts As Income For The Purpose Of Calculating Spousal Support In New York
Income from all sources is what is in the law. For example, if youre a W-2 wage-earner, theres that.
If you receive interest from investments, thats income.
If you rent part of your house to a tenant, thats income. If you own properties where you have multiple tenants, thats income.
When it comes to things like that, the court can decide that the income you show on tax returns, after expenses are paid, may not be the income that are used for calculations, because a person can manipulate the income, and reduce the income by showing more expenses.
The court can impute income to you to make it more equitable. If a person who is running a pizzeria, owns a pizzeria, for example, and most of its cash, and he reports $30,000 a year in income, and the guy lives in a $2 million house, you know theres something wrong.
The court can look at that and say, No, no, no, no, no. You dont make $30,000. You make $300,000.
Other kinds of income? Any income from all sources.
If you were receiving a payout from a personal injury case, which part of it was not pain and suffering, part of it was loss earning. For example, when you get a jury verdict, they say, a million dollars, with $300,000 being a loss of income, and $700,000 is pain and suffering. So $300,000 is then attributable to income.
Its a broad scope. Anything that comes to you by way of income is included.
Alimony For Men And Women Eliminating Gender Bias
The Cimino Law Firm has negotiated alimony payments for both men and women. In the past, the courts were more likely to award alimony to women, but that has changed. Gender is no longer considered when ordering spousal support payments.
Still, many men refuse to ask for spousal support. Only 3 percent of all alimony payments go to men, even though women make more than their husbands in 40 percent of the households in the United States. Men often let their pride get in the way of requesting spousal support. The Cimino Law Firm understands this can be a complicated process, but we can help you get what deserve. You will not feel embarrassed or uncomfortable when you fight for spousal support with our help.
Don’t Miss: File For Divorce In Nj
Are There Any Other Situations That Would Result In The Automatic Termination Of Alimony
Yes. The death of the payor spouse, the death of the payee spouse, the remarriage of the payee spouse, the holding out as the spouse of another person.
Other situations would include an agreement regarding the duration of spousal support, when that agreement states that maintenance would automatically terminate. Or, in a judicial decision, the court says, You have spousal support for ten years from today, then it automatically terminates by itself on that date.
The automatic main terminations are when you or your spouse dies, or the remarriage of the payee spouse.
Alimony Is Called Maintenance In New York
The first thing you should know is that in New York maintenance and alimony or spousal support are the same thing. In most states its called alimony or spousal support. In New York alimony and spousal support is called maintenance. I suppose someone in the legislature thought, you know what, alimony has a bad name, lets call it something else and maybe it will make it more palatable to people who are going to have to pay it. So, they decided to call it maintenance.
Maintenance is a payment from one spouse to the other, both during , and after the couple is divorced. Maintenance is deemed appropriate when there is a significant disparity in income between the two spouses filing for divorce. The purpose of this is to assist the spouse that has a lower income in becoming financially independent.
Read Also: How To File For Divorce In Utah
New York Maintenance Calculator
The statute for maintenance in New York was originally enacted in October 2010 and was most recently modified in October 2015, and January 2016. There are two different ways to calculate maintenance in New York, which creates disagreements from the very start. Each formula set forth below has three steps.
Method One With Children
- 30% of Payors Income 20% of Payees Income = $________
- 40% of combined income = $________
- The maintenance awarded is the lesser of the two figures.
New York law also imposes an income cap, which is currently $184,000.00 and is set to be re-evaluated in January 2020. The income cap changes every two years in accordance with the consumer price index. An income cap means that if the payor or the combined income net income is more than $184,000.00, the maintenance calculation will be based on all income up to the cap of $184,000.00. A person receiving support will likely find this to be unfair, especially in the higher income brackets, which leads to many disagreements and additional negotiations. There are fifteen enumerated factors the court may use to deviate and consider income over the cap.
On January 25, 2016 implemented into the maintenance statute were terms setting forth the duration of maintenance post-divorce. Each duration being determined by the length of the parties marriage.
Are Alimony And Child Support The Same
No. Although both New York Alimony Law and New York Child Support Law are similar in that they are forms of payment made by one ex-spouse to the other during and after a divorce, they refer to different issues and are calculated differently. Alimony, or spousal maintenance, refers to payments made by one spouse to the other. Usually, the alimony payor, the spouse who pays alimony, is the person with the higher income. A New York spousal support lawyer will tell you that you dont need to have children in order to receive alimony payments. However, if you do have children, the amount of alimony you receive might be less if you receive payments for both spousal maintenance and child support. If applicable, a spousal support lawyer will take child support into account when computing with the alimony calculator for the Court.Generally, the parent, who does not have custody of the child, will pay child support to the custodial parent. Using a standard formula, the Court will calculate the amount of support either parent will pay. The amount paid is based on how much the parties earn in a year and on the number of children involved. A parents child support obligation is ongoing and paid periodically until the child reaches 21 years of age or is otherwise emancipated.
You May Like: How To Find Out If Your Divorced
The Formula To Calculate Maintenance In New York Only Considers Income To $184000
The next thing to know is that there is a $184,000 limit on income that is subject to the formula. If their net income after subtracting Social Security, Medicare and certain local taxes is greater than $184,000, then the formula is not going to apply to them over the $184,000. Instead they look at factors: age, health, standard of living, differences in earnings. If someone is making way more than that, most likely the maintenance order is going to be higher than the formula with the $184,000 would suggest. So thats just something else to keep in mind.
Legal Leads Provide Unexpected Strategic Benefits For Law Firms
Attorneys come to lead providers like 4LegalLeads.com with a simple objective in mind, to find new clients online.
Thats the priority, and understandably so. Online advertising and lead generation is ahighly complex skillthat most law firms dont havethetime or bandwidth to master.So, legal leads give them the ability to outsource the mammoth, expert task of sourcing online leads to an outside firm.
However, once theyve filled their sales pipeline with potential clients, they find that theres far more value to be discovered. The attorneys we meet are surprised at the wide-ranging, problem-solving benefits of working with an online lead generation firm.
Recommended Reading: How To Represent Yourself In Divorce Court
Can Alimony Agreements Be Modified
In some circumstances, alimony can be modified. For instance, if the dependent spouse becomes financially independent or exceeds the independent spouse financially because of their career, then changes to alimony plans may occur. There are several other factors that can change alimony arrangements including:
- If the dependent spouse gets an inheritance or monetary award
- If the dependent spouse becomes self-supporting
- If one of the parties wastefully spends their spousal support and
- If one of the parties runs bills on the house or sells items.
If you have questions or concerns about alimony arrangements and modifications, it is in your best interest to reach out to our firm today to discuss the details of your case and your options. Our legal team is on your side no matter what. Speak with a Nassau County divorce attorney today.
We Work Toward Fair Resolutions Call Our Attorneys Today
When it comes to spousal support, consulting a legal professional will be a critical step in obtaining a fair spousal support order. If the court steps in and orders spousal support to be paid, the court order could pose a significant financial burden on a payor, especially if the payor was expecting a different outcome. Having represented many men and women throughout Dutchess County, Beacon, and other areas in New York, we know how to protect your rights and seek a fair resolution.
today to speak with our proficient spousal support lawyers or schedule a consultation to learn more about your legal options at this time.
Also Check: Copy Of Divorce Decree Wayne County Michigan
Alimony Vs Child Support Tax Deduction
Child support payments do not trigger tax consequences for either spouse. On the other hand, alimony payments were traditionally considered income to the payee spouse and deductible on the payor spouses tax return. However, the federal Tax Cuts and Jobs Act ended federal income tax deductions for alimony payments made in accordance with divorce orders executed or modified after December 31, 2018. New York has not adopted the new IRS rules for state taxes. If you make alimony payments in New York, you may deduct them from your federal adjusted gross income when calculating your New York adjusted gross income . If you receive alimony, you will add the payments to your NYAGI.
Contact Our Experienced Nassau County Firm
The Pollack Law Firm, P.C., rated Nassau Countys BEST divorce lawyers and proudly serving clients in Nassau and Suffolk County for more than 22 years, is always available to assist and represent parties in divorce, separation, and all other matrimonial and family law matters. Contact us online or call today to schedule your complimentary case analysis: 938-3330.
Don’t Miss: What Happens If You Don T Pay Alimony
Can A Spouse Ask For Alimony During A Divorce
During the divorce process, one spouse may ask for alimony, which is financial support from one spouse to the other during and/or after the divorce. Spouses can agree both the amount of support and the duration, or the couple may have a pre-nuptial or post-nuptial agreement that sets out alimony payments.
How often do you have to pay alimony?
Alimony length is usually based on length of marriage one commonly used standard for alimony duration is that 1 year of alimony is paid every three years of marriage .
Can a spouse file for spousal support in New York?
A. A spouse can file a petition in New York Family Court for the other spouse to pay spousal support even if they have not yet filed for divorce. However, this is usually not referred to as alimony. Q. Can alimony only be awarded to women?
What Is Spousal Support
Usually, during and after a divorce, one spouse has to make payments to the other less-monied spouse. This is called alimony . Paying alimony restricts potential unfair economic effects of a divorce by providing steady support to the less-monied spouse. This ensures the less-monied spouse has the ability to maintain their standard of living until they reach a time where they can support themselves. The less-monied spouse is entitled to temporary and permanent spousal maintenance up to the income cap , unless the Court finds that the presumptive amount, which is based on a calculation, is unjust or inappropriate. In determining whether the presumptive amount is appropriate, the Court will consider the following in addition to their alimony calculator:
The above is a direct quote from New York Domestic Relations Law § 236 CAUTION: If you dont ask for spousal maintenance during the divorce proceeding, your New York Spousal Support Lawyer will not be allowed to request it after the case is over.
Also Check: Filing For Divorce In Oklahoma
If You Dont Have Children Calculate Maintenance In New York Using The Formula For Couples Without Minor Children
Here is the maintenance formula for couples without minor children. I mentioned it is two-part. You have to calculate two parts and then you have to compare them and then you can determine what the amount of maintenance is going to be.
Without minor children you take 20% of the lower-earning spouses net income and 30% of the higher-earning spouses net income. In this example we have $50,000 for the lower-earning spouses income. 20% of that is $10,000. And we have $100,000 for the higher-earning spouse, and 30% of that is $30,000. Then you subtract $30,000 minus $10,000 and that equals $20,000. Hold that for a minute.
Part 2, you take their combined income: $50,000 plus $100,000 equals $150,000. And then you take 40% of their combined income. 40% of $150,000 is $60,000. Then you take that number, the $60,000, and you subtract the lower-earning spouses net income.
So here weve got $60,000 minus $50,000. That equals $10,000.
So, in Step One we got $20,000 and in Step 2 we got $10,000. You take the lower of those two numbers and that is going to be the annual maintenance number. $10,000 divided by 12, you are looking at about $833 per month.
Can I Get A Divorce If My Spouse And I Still Live Together
Yes, if you are filing for a fault-based divorce or under the no-fault option. However, if you plan on filing a separation agreement, this requires that the parties live separate and apart for one year after entering into the agreement. However, you should keep in mind that in many cases, starting a divorce action while living with your spouse may not only be emotionally difficult, but it may also be dangerous for you and your children if there has been domestic violence in the home.
You May Like: Marriage After Divorce Waiting Period
How Would The Calculations Work On The Second Example
Lets say the husband makes $100,000, and the wife makes $20,000. Were going to do this with no children involved.
The deductions for Social Security and Medicare are taken from both parties. Thats a combined deduction of 7.65% on each. Then, if we look at that, it produces what we call the adjusted gross income for spousal support purposes.
In the husbands case, the adjusted income would be $92,350. In the wifes case, it would be $18,470. Those are the numbers we work from.
Then, on the husbands side, well take 30% of his income, up to including the cap, minus 20% of the payees income. The husband would have $27,705 on his side. Then, the wifes 20% of her income would be $3,694. You subtract them, and you have $24,011. Thats result number one.
The second calculation is the payors income, up to the cap. Its $92,350, plus the payees income of $18,470.
That equals a total income combined of $110,820. We use 40% of that, which is $44,328, minus the payees income, and it equals $25,858 per year.
The lower of the two results was the first calculation of $24,011. Therefore, after you divide by 12, the monthly alimony payment would be $2,000.92. Thats how it breaks down without children.
I am not going to get into it with children, because thats going to blow your head apart. Its ridiculous.
Keep in mind that the court is not required to use the amount of alimony that the calculator spits out. The judge can deviate from the guideline amount.