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Spousal Maintenance (Support)

Spousal maintenance, otherwise known as spousal support or alimony, can be some of the most contentious issues in an action for divorce. New York State has enacted a statute that is utilized in determining the proper amount of spousal maintenance to be paid based upon the parties' incomes. However, although the initial analysis is through a formula, the issue of spousal maintenance is far from simple, and experienced legal guidance is needed to really understand the potential to receive or pay spousal maintenance to your spouse.

Spousal Maintenance Calculation

New York law provides a formula which is used to calculate potential spousal maintenance obligations both during, and at the end of an action for divorce. Even though a general idea can be achieved by finding one of these online calculators, there are many variables that do not necessarily appear through a simple calculator. You need an experienced attorney to guide you through the issue of spousal maintenance.

Spousal Maintenance Agreements

Although there is a formula that is applied under New York law, it is important to note that this formula is not binding where parties agree to opt out of the formula. It may be a smart idea to formulate a financial package that may benefit both parties and may not necessarily include just a direct spousal maintenance payment from one spouse to the other. Our Partners have over sixty years of experience crafting and negotiating agreements that provide a spousal maintenance package beneficial to both parties.

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