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NYC Alimony Law

NYC Alimony Law

When you need an attorney to help you with alimony (sometimes referred to as spousal support or maintenance), look no further than the Stepanian Law Firm. Based in New York City, the Stepanian Law Firm is on hand to help you understand your rights and provide you with the legal representation you need to protect them. No matter how complex your case, this firm will help you work toward a resolution so that you and your former spouse can get on with your lives.


Why?
The purpose of a maintenance award is to help the less-monied spouse become financially independent after a divorce.


How long?
Maintenance ends upon the:

a.   Death of either party; or

b.   Remarriage of the receiving party, validity or invalidity of re-marriage is irrelevant;

c.   Date specified in an agreement between the parties; or

d.   Date determined by the court. The court may, but is not required to, set the duration in accordance with the following:

Length of the Marriage  Percent of the Length of the Marriage for which Post-Divorce Maintenance will be Payable
Zero to 15 Years 15% to 30%
More than 15 to 20 Years 30% to 40%
More than 20 Years 35% to 50%

The court awards maintenance in an amount that is fair under the circumstances and that justice requires. In making the decision, the court considers:

  • the parties’ standard of living enjoyed during the marriage; and/or
  • whether one spouse lacks  income or property to take care of themselves; and/or
  • whether the other spouse has enough property or income to provide for the “less-monied” spouse.

How to Calculate Alimony

Calculation with Child Support:
If your divorce case was started on or after January 25, 2016:

and

If the non-custodial parent is also paying child support:

Step 1 — 20% of Payor’s income up to $175,000 MINUS 25% of Payee’s income.
Step 2 — (40% of Payor’s income up to $175,000 PLUS Payee’s income) MINUS Payee’s income.
Step 3 — The lower of the two amounts above is the guidelines figure.

Hypothetical:

Husband, the non-custodial parent, earns $100,000 per year (after subtracting social security and Medicare taxes). And the Wife, who has custody of the children, earns $50,000 per year (after subtracting social security and Medicare taxes).

Step 1
$100,000 x 20% = $20,000
$50,000 x 25% = $12,500
$20,000 – $12,500 = $7,500
Step 2
$100,000 + $50,000 = $150,000 x 40% =$60,000
$60,000 – $50,000 = $10,000
Step 3
Compare the two figures above. The lower figure ($7,500) is the guidelines amount.

Calculation Without Child Support:
If your divorce case was started on or after January 25, 2016:

and

If the parties have no children or the children are over the age of 21 years:

Step 1 — 30% of Payor’s income up to $175,000 MINUS 20% of Payee’s income.
Step 2 — (40% of Payor’s income up to $175,000 PLUS Payee’s income) MINUS Payee’s income.
Step 3 — The lower of the two amounts above is the guidelines figure.

Hypothetical:

Husband earns $100,000 per year (after subtracting social security and Medicare taxes). And the Wife earns $50,000 per year (after subtracting social security and Medicare taxes).

Step 1
$100,000 x 30% = $30,000
$50,000 x 20% = $10,000
$30,000 – $10,000 = $20,000
Step 2
$100,000 + $50,000 = $150,000 x 40% =$60,000
$60,000 – $50,000 = $10,000
Step 3
Compare the two figures above. The lower figure ($10,000) is the guidelines amount.
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