Calculating Spousal Maintenance

Answer:

Spousal maintenance in New York is calculated with a statute. The statute has three different provisions for calculating support. Two of those provisions apply in cases where the parties have children, and two of them apply in cases where the parties do not have children. We use a calculator that’s designed based upon the statute. Of the two calculations that apply in each case, the statute provides that the lower number is the spousal maintenance number. A judge can deviate from those numbers by awarding more or less spousal maintenance, depending upon the circumstances of the case. However, in our experience, the judges generally apply the statute pretty rigidly.