What Are My Spousal Support Obligations in New York State?
New York State may impose financial obligations when parents or spouses live apart. Financial obligations in New York State are guided by statutory guidelines, but these guidelines may be deviated from. The two main financial obligations imposed on a spouse or ex-spouse are maintenance and child support.
Maintenance, also known as spousal support, requires a spouse to provide support for one’s spouse or ex-spouse, depending on a spouse’s income. Maintenance is set forth in Equitable Distribution Law, Domestic Relations Law § 236. The main purpose of maintenance is to encourage rehabilitation and self-sufficiency of a spouse, while accounting for the large discrepancy in the parties’ earning potential. Johnston v. Johnston, 156 AD3d 1181 (3d Dept. 2017). The award of maintenance is within the discretion of a Supreme Court judge. In making its determination a Supreme Court judge must consider the statutory factors in determining how much to maintenance to award, how long to award the maintenance, and the parties predivorce standard of living. DRL § 236(B)(6)(a). In making an award of maintenance a judge must set forth its deciding factors in their decision. DRL § 236(B)(6)(b). Worth noting is that a court may award temporary (pendente lite) maintenance while a case is pending and then grant a final maintenance award. See DRL § 236(B)(6)(a).
Between the commencement and judgment of a divorce, a judge may order temporary maintenance pursuant to a formula of up to $184,000.00 of combined income. DRL § 236(B)(5-a). There are two formulas to determine the appropriate amount of maintenance. These formulas are based on whether there are children of the marriage or not. If there are no children of the marriage, the higher maintenance formula is to be used. A judge may deviate from the appropriate formulas but must explain why. DRL § 236(B)(5-1)(h)(1), (2). Additionally, the length of a temporary maintenance award will depend on the length of the parties’ marriage. DRL § 236(B)(5-a).
Like, temporary maintenance awards, post-divorce maintenance awards are also set by a formula in the Domestic Relations Law and may deviate from such formula. See DRL § 236(B)(6); see also DRL § 236(B)(6)(e)(1), (2). At the beginning of a divorce, when a summons is served, the maintenance guidelines should be served along with notice of automatic orders and the CSSA chart. Domestic Relations Law §236(B)(6)(f)(1) sets forth an advisory schedule for the length of post-divorce maintenance depending on the length of the marriage. While these standards are set forth in the Domestic Relations Law, parties may voluntarily enter into an agreement or stipulation that deviates from the post-divorce maintenance guidelines. DRL § 236(B)(6)(h).
Maintenance should continue only if to render the receiving spouse self-supporting. Permanent maintenance is appropriate when a spouse was devoted to homemaking and childbearing to the detriment of being self-sufficient and maintaining their predivorce standard of living. Gubiotti v. Gubiotti, 19 AD3d 893 (3d Dept. 2005). Lengthy maintenance is found inappropriate when the spouse seeking it has a strong education, employment certifications, previous employment, is relatively young, and is capable of working. Thoma v. Thoma, 21 AD3d 1080 (2d Dept. 2005); see also Hammack v. Hammack, 20 AD3d 700 (3d Dept. 2005).
A proper understanding of your possible maintenance obligations is important. Please contact us if you are looking for family law and/or matrimonial law resources in the Buffalo, New York area. Learn more about all of Gabriele Law PLLC’s areas of practice here https://gabrielelawpllc.com/practice-area/.
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