How Courts Calculate Temporary Spousal Maintenance
Our New York legislature enacted laws to govern temporary maintenance awards. The purpose of these guidelines is to provide consistency and predictability for temporary maintenance awards in the same way that the child support guidelines do. These calculations are applicable in pendente lite applications.
Pursuant to the law, maintenance is to be awarded while the divorce is pending, when one party’s income is less than 2/3 of the other spouse’s income. The amount of maintenance is to be the lesser of:
- 30 percent of the payer’s income minus 20 percent of the nonpayer’s income
- 40 percent of the combined income minus the nonpayer’s income
Income for calculation of temporary maintenance is defined as the gross income minus Social Security, Medicare and local income taxes (i.e., CSSA definition) and is capped at $500,000. In awarding temporary maintenance, judges may also consider 17 statutory factors, including the duration of the marriage, the marital lifestyle and the party’s prospects of employment.
The law does not apply to incomes less than the self-support reserve (135 percent of the Federal Poverty Guidelines).
Get Answers From An Experienced Divorce Lawyer
While these facts can be used to get a general idea of how New York governs temporary maintenance orders, nothing can replace the advice of an experienced attorney. Call my office at 718-720-1000 for a free consultation, or contact me online.
