Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

A Negotiation Tool for Spousal Maintenance

By ALM Staff | Law Journal Newsletters |
October 30, 2013

The temporary spousal maintenance law that became effective in New York State on Oct. 12, 2010, provides formulas for calculating temporary maintenance guidelines. While these relatively new formulas determine temporary maintenance amounts until the final resolution of the divorce, final maintenance (i.e., maintenance resulting from a divorce decree) has long-lasting effects on both parties. There is no one correct answer to the question how to determine the amount of final maintenance.

If the intent of both parties is to settle the dispute, reasonable income and expense forecasts must be made so that both parties understand the range of potential outcomes of a particular maintenance amount and duration. Knowing the range of likely outcomes based upon a particular amount and duration of spousal maintenance provides a framework for negotiations. Forecasting each spouse's financial future is an exercise in determining the “need” of the non-monied spouse, and the “ability to pay” of the monied spouse. We will call this forecasting process a “Need-Ability Exercise.”

Read These Next
New York's Latest Cybersecurity Commitment Image

On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.

Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office Image

A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.

Bit Parts Image

Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights

The Bankruptcy Hotline Image

Recent cases of importance to your practice.

How AI Has Affected PR Image

When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.