For many individuals who are considering divorce on Long Island, NY, alimony is a major concern. Also called “spousal maintenance”, the term refers to payments made to the lower-earning spouse by the higher-earning spouse., NY

If you  have questions about why you might have to pay spousal maintenance and how much you will owe both during and after your New York divorce, read on as we will dive into your most pressing questions about alimony on Long Island, NY. 

Why Do I Have to Pay Alimony in New York? 

The purpose of alimony in New York is to ensure that both parties involved in the divorce proceedings can provide for their immediate needs during and and potentially after, the proceedings. Spousal support is intended to give the lesser-earning spouse a financial “cushion” to become self-sufficient. There are essentially three different types of alimony payments:

#1: Spousal Support on Long Island, NY

Spousal support on Long Island, NY refers to alimony paid before formal divorce proceedings begin. The most common scenario in which spousal support is paid is during a trial separation. For instance, one spouse may have moved out, and although neither spouse has filed for divorce yet, the lower-earning spouse requires financial support for basic needs. 

#2: Temporary Maintenance on Long Island, NY

Temporary maintenance, or “pendente lite maintenance,” is paid to the lower-earning spouse during the divorce process. It ends when the final order of divorce is issued by the judge. The amount owed for temporary maintenance depends on the lower-earning spouse’s demonstrated financial need and is based on statutory guidelines. 

#3: Post-divorce Maintenance on Long Island, NY

Post-divorce maintenance, or “spousal maintenance,” is paid from one spouse to the other after the court finalizes divorce proceedings. The amount will be determined based on the income of each party as well as the length of the marriage. 

Both husbands and wives who are filing for divorce in New York can request alimony – but the spouse who is earning more money (called the “payor”) will make payments to the spouse who is earning less (or no) income (called the “payee”). 

How Is Spousal Maintenance Calculated in New York? 

Spousal Maintenance on Long Island, New York is calculated based on a formula. The factors the court will consider include the income of each party and if the couple has children under 21 years old. There are two formulas – one for couples with children and one for couples without. 

#1: Alimony in NY With Children

The calculation for spousal maintenance in New York for couples with children is as follows:

• Find 25% of the lower-earning spouse’s income and 20% of the higher earning spouse’s income. Then, find the difference between those two values. 
• Find 40% of the combined parental income. Then, subtract the lower-earning spouse’s income. 
• If child support is also being paid, select the lower amount. Then, divide by 12 to determine the payment per month. 

#2: Alimony in NY Without Children

The calculation for spousal maintenance in New York without children is similar to that for couples with children, but it uses different percentages. 

• Find 20% of the lower-earning spouse’s income and 30% of the higher-earning spouse’s income. Then, find the difference between those two values. 
• Find 40% of the couple’s combined income. Then, subtract the lower-earning spouse’s income. 
• Choose the lesser of those two values.Then, divide by 12 to determine the payment per month. 

Exceptions to the New York Spousal Maintenance Calculation

New York state caps the amount of income under consideration for Spousal Maintenance at $203,000 annually as of March 1, 2022. If your net income exceeds that value, use that value as your income in the formulas above. Also note that New York state taxes and federal taxes are not subtracted from your net income value for calculating alimony payments. 

Despite this cap, the court has the discretion to adjust the formula based on its judgment of the specific situation. The court will consider factors such as age, health, earnings disparity, future earning capacity, and standard of living. So if you are making significantly more than $203,000 per year, you may end up paying more than the formula suggests. 

Hornberger Verbitsky, P.C. Will Fight for Equitable Alimony in Your Long Island, NY Divorce

Have more questions about alimony? We’re here to help. No matter your financial situation, you deserve affordable, high-quality legal representation for your divorce.

Contact us to learn more about your legal options or to book your free initial consultation to discuss your case in detail. Call now at 631-923-1910 or complete our short contact form, and we’ll get right back to you.