New York's Post-Marital Compensation

Last month, in the first part of this article, we discussed the controversial proposal to replace New York's current maintenance scheme with “Post-Marital Income Guidelines.” That discussion described the background leading up to the proposal and laid out the details of legislation that has been sponsored by Assembly Member Amy Paulin, which mirrored a proposal by the Coalition for Post-Marital Income Guidelines. What follows is a critique of the proposed legislation, based in large measure on a report of the Legislative Committee of the Family Law Section of the New York State Bar Association. This writer is one of the co-chairs of that committee, and a co-author of the report. The other authors of that report were Elyse Goldweber, Esq., of Goldweber & Epstein LLP, Marcy Wachtel of Katsky Korins LLP, and Adam John Wolff of Kasowitz Benson Torres & Friedman LLP.