Temporary Spousal Support in New York
What is Temporary or “Pendente Lite” Maintenance?
Temporary spousal support, also known as “pendente lite” maintenance,
is paid by the higher earning spouse to the lower earning spouse while
a divorce is still pending. This type of
alimony is intended to provide immediate financial support by taking the lower
earning spouse’s reasonable needs and pre-divorce standard of living
into consideration. Temporary alimony ends once a judge issues a final
order of maintenance; it is not intended to offer long-term support.
If you are preparing to file for
divorce, and do not make as much as your spouse, we encourage you to discuss the
option of seeking temporary maintenance with a New York City divorce attorney
at Eiges & Orgel, PLLC. Having handled thousands of
family law cases throughout the state, our firm can offer the experienced legal guidance
you need during this difficult time. Contact our office today to find
out how we can put decades of collective experience to work for you.
Contact a New York divorce lawyer at Eiges & Orgel, PLLC today to learn more about your options.
How Temporary Maintenance Is Calculated
Effective October 13, 2010, the family courts in New York now calculate
temporary maintenance using a statutory formula. It is a fixed formula
that is based primarily on the income and other earnings of each spouse.
Temporary maintenance is calculated using the following formula:
- Subtract 20% of the receiving spouse’s income from 30% of the paying
- Multiply the income of both spouses by 40% and subtract the receiving spouse’s income
- Temporary support will be determined by the lower amount of the two calculations
New legislation was recently passed in New York stating that, if temporary
maintenance is to be paid concurrently with
child support, the figures used in this calculation will vary. There is also a new cap
on the paying spouse’s income.
If the payor’s income is over the statutory cap, the court will look at:
- The length of the couple’s marriage;
- The differences in the incomes of the spouses;
- The couple’s standard of living during the marriage;
- The present and future earning capacity of each spouse;
- The need of one party to acquire education or training;
- Any wasteful dissipation of the marital property;
- The age and overall health of both spouses;
- And several other important factors.
In looking at these factors, the court will determine an appropriate amount
of temporary maintenance over the statutory cap. At this time, the cap on the paying spouse’s income to be factored
into the formula is $175,000.00.
Discuss Your Case with a New York Divorce Attorney
If you have questions about temporary maintenance, we encourage you to
schedule an initial consultation with an NYC divorce lawyer at Eiges &
Orgel, PLLC today. Our firm has
successfully handled more than 3,000 divorces over the last several decades, so you can trust that your case will be
in competent hands when you turn to us for help. We offer responsive representation,
even offering Saturday appointments by request. Contact us today to get started.
Do you have questions? Take the first step by filling out our
free case evaluation form online.