Divorce is difficult in a number of ways, including financially. In the wake of a divorce, one or both parties may experience financial strain or a significant change in lifestyle. This is the purpose of spousal support - also called spousal maintenance. The law puts protections in place for spouses who are unable to support themselves - or who may need a leg-up - after a divorce. Maintenance orders exist between former spouses and are generally made under a court order or written agreement. It is generally a tax deductible cash payment to one spouse, claimed as income by the receiving spouse.

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Here, we will discuss the basics of spousal maintenance law in our State, from its underlying purpose to how courts calculate its amount and duration.

What is spousal maintenance?

New York domestic relations law defines spousal “maintenance” as support payments provided in a marital agreement between spouses - or court-mandated payments - from one spouse to another after a legal separation. Maintenance payments terminate upon the death of either spouse or when the spouse receiving the payments remarries. Other states refer to these payments as “alimony” or “spousal support.”

In New York, spousal maintenance is a gender-neutral concept, meaning that both men and women can seek it. In fact, there are many cases in which men file for spousal maintenance, particularly if the woman was the higher earner in the family.

What is temporary maintenance?

Courts can award maintenance after a divorce for a specific period of time (“durational maintenance”) or for life (“non-durational maintenance”). Durational, or temporary, maintenance awards are made with the understanding that the receiving spouse may become self-supporting after a certain period of time. In some cases, this may mean that the spouse seeking support needs to earn a degree or learn a certain trade in order to become capable of earning a living wage. This comes up frequently in situations in which one spouse puts his or her career on hold to raise children or become a homemaker.

The purpose of temporary spousal maintenance is to give the receiving spouse time to achieve financial independence so that he or she no longer needs the support. When determining the duration of temporary maintenance payments, courts tend to consider how much time the spouse needs to pursue financial independence, whether finishing a degree, learning a skill, or otherwise preparing to become employable.

Temporary spousal support is determined by statutory guidelines, which set out a formula for determining whether - and how much - temporary spousal support is warranted in a given situation. However, the formula applies only to temporary spousal support and does not have the same level of force as a final support order granted by a court.‍

What is the purpose of spousal maintenance?

Spousal maintenance payments are intended to help the spouse with less earning power by continuing to provide the standard of living to which that spouse is accustomed. In particular, the purpose of “durational” spousal support is to help the spouse seeking help to achieve - and maintain - financial independence after the divorce. This is particularly helpful in cases in which the receiving spouse was not the primary breadwinner of the family, or took time off to focus on homemaking and raising children.

How is spousal maintenance calculated in New York?

In establishing the maintenance payments and their duration, courts examine factors like the specific circumstances of the separation and whether the spouse seeking support has sufficient resources to provide for his or her - or any dependents’ - needs. Courts will also examine the following factors, among others:

• The income and assets of each spouse;
• The value of any marital property;
• The length of the marriage;
• The age and health of each spouse;
• Each spouse’s earning capacity; 
• Whether the spouse seeking support is capable of supporting him or herself, and if so, what type of training and/or education is necessary to make that a reality;
• Whether the spouse seeking support delayed his or her education, training, or employment during the marriage;
• The equitable division of marital property;
• The presence of children or other dependents in the marriage;
• Tax consequences of spousal maintenance payments;
• Transfers made by one spouse to another in contemplation of the divorce;
• The contributions and services of the spouse seeking support as a spouse, parent, homemaker, or breadwinner; and
• Whether a spouse intentionally squandered any of the marital assets.
  

There is also a catch-all factor that many courts use: essentially, this is any other factor that a court deems just. In other words, a judge will simply consider all of the factors that impact a family after a divorce in determining what amount and duration are proper.

When it comes to determining a particular spouse’s income, the court will not rely on self-reporting: rather, the court can project current and future income based on that spouse’s past income and current earning potential. The court can also examine a spouse’s investment income, deferred compensation, and distributions.‍

Can spousal maintenance be modified?

Yes: spousal maintenance orders can be modified, but any modifications are entirely within the discretion of the court. When requesting a modification, parties should turn to their attorneys for guidance. An attorney can serve as an advocate in navigating the often tumultuous waters of spousal support conflicts. Specifically, your attorney can detail for the court why your circumstances demand a modification in the original spousal maintenance order.

If you have specific questions about spousal maintenance in New York, contact our firm.