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New York State's New Maintenance Legislation

By Thomas A. Elliot
October 02, 2015

The New York Legislature recently passed a bill essentially providing for a complete overhaul of the law in the State of New York pertaining to maintenance under Domestic Relations Law ' 236 and spousal support under Family Court Act ' 412. The legislation was signed into law by Governor Cuomo late last month. The new legislation provides, among other things, for: 1) modification of the current temporary maintenance statute; 2) the determination of the amount of post-divorce maintenance and spousal support based on specific formulas set forth in the statutes; 3) proposed guidelines for the duration of post-divorce maintenance awards based on the duration of the marriage; and 4) the elimination for purposes of equitable distribution of the enhanced earning capacity attributable to advanced degree and professional licenses and degrees for purposes of equitable distribution.

The Formula on Payor's Annual Income Up to $175,000

The proposed legislation provides that for purposes of determining maintenance, “income” shall mean income as defined under the Child Support Standards Act (Domestic Relations Law ' 240[1-b]; Family Court Act ' 413[1]) without subtracting maintenance paid to the spouse in the instant action or proceeding. The new bill provides for two sets of calculations based on the respective incomes of the parties. The calculations are applicable to a cap of the first $175,000 of the payor's income. The income cap is subject to adjustment every two years based on increases in the cost of living.

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