New York uses the term spousal maintenance to describe payments from one former spouse to the other after divorce. In 2015, the state established a formula to calculate the amount and duration of these payments. Either spouse can ask for maintenance payments during divorce proceedings.
If you have filed or are planning to file for divorce, learn how the New York court will determine fair spousal maintenance.
Amount of maintenance
New York’s spousal maintenance formula accounts for each person’s income. The court then chooses the lowest amount from these three calculations:
- Taking 40% of the spouse’s total income and subtracting the income of the paying spouse
- Taking 30% of the paying spouse’s income and subtracting 20% of the receiving spouse’s income
- Taking 20% of the paying spouse’s income and subtracting 25% of the paying spouse’s income
The court can also order the spouse who will pay support to pay for the other party’s health insurance premiums. In addition, New York caps the income for the spouse who will pay support at $184,000 when calculating maintenance. However, the judge can increase this cap at his or her discretion.
Length of maintenance
If the marriage lasted 15 years or less, maintenance payments will last for 15% to 30% the length of the marriage. For example, if the couple divorced after 10 years, payments could last 1.5 to three years. Marriages lasting 15 to 20 years are subject to maintenance for 30% to 40% of the length of the marriage. Longer marriages can result in spousal maintenance for 35% to 50% of the length of the marriage.
Tax implications
The person who receives spousal maintenance must report these payments as taxable income. The person who pays maintenance can deduct the amount from his or her taxable income.
Spousal maintenance payments end in New York if the recipient remarries or dies. Either party can ask for a change in support if financial circumstances have significantly changed.
