Factors Affecting Spousal Maintenance
If you’re going through a divorce and the court discovers that you were financially dependent on your spouse throughout the marriage, you may be eligible to receive spousal maintenance.
What is spousal maintenance?
These are payments made by the higher income-earning spouse to the lesser income-earning spouse. The judge can order temporary maintenance to start while the case is still pending in court and continue for a specific period after the divorce is finalized. The court will also decide who pays and how much. In some cases, the decision to receive spousal maintenance may be based on an agreement between the couple.
How is temporary spousal maintenance calculated?
Temporary spousal maintenance is awarded during the pendency of your divorce. The Nassau County or Suffolk County Court follows a temporary support calculator in determining the appropriate payment amount:
- 25% of the payee spouse’s income will be deducted from 20% of the payor spouse’s income.
- The payee spouse’s income will be deducted from 40% of the total combined spousal income.
Spousal maintenance will be based upon the lower of the two aforementioned calculations. However, the Court may deviate from this formula if the computed figure is too high or too low to cover the recipient’s needs.
Temporary spousal maintenance may end once your matter has been resolved either through settlement or trial. During the pendency of the proceeding, these payments are intended to help the payee spouse settle payments they have been making prior to the start of the divorce. Such expenses include health insurance, utilities, and mortgage.
Factors that affect longer-term spousal maintenance
The amount of spousal maintenance is based on several factors:
- Length of the marriage – In most cases, the longer the marriage, the larger the amount of spousal support will be awarded.
- Standard of living during the marriage – The court will examine both parties’ finances and determine the value of assets such as vehicles and real estate properties. The goal is to maintain the lifestyle of both parties during the marriage.
- Present and future earning capacity – The requesting spouse’s skills, education, professional experience and ability to earn a living will be taken into consideration.
- The need of one party to obtain education or training – The time and expenses required to acquire sufficient education and secure employment.
- Age and health of both spouses – A spouse that is older, disabled, or chronically ill has a good chance of receiving maintenance
- Any type of pre-nuptial or post-nuptial agreement – The court recognizes all properly documented and authorized agreements between spouses.
- Individual contributions to the marriage – The court also factors in homemaking, child rearing, and any actions that were taken to support the career building of the other spouse.
Work with a trusted divorce lawyer
Spousal maintenance can make a big difference in life after marriage. To know whether you could owe or receive financial support, don’t hesitate to consult our experienced divorce attorneys. We’ll use our extensive negotiation skills and courtroom experience to ensure you get the maintenance you deserve. Contact us at 631-780-7080 to request a free consultation.
