Spousal Maintenance Concerns
If you are going through divorce may be feeling anxious about how everything will be worked out. You may have heard about spousal maintenance and be wondering if that is something you will have to be worried about paying. Here are spousal maintenance concerns that you should to know.
Spousal Maintenance Concerns: Statutes
Spousal maintenance is in a state of flux in the State of New York. Currently, we have two statutes. One statute is formal and it applies to temporary spousal maintenance and is paid prior to the judgment of divorce being entered. The other statute is a post-judgment permanent spousal maintenance statute. Permanent does not mean forever; it is the statute that applies to maintenance after a judgment of divorce. The New York legislature has created and passed a new statute on spousal maintenance which will do away with both of the existing statutes. That statute has been passed by the Senate and the Assembly and is awaiting signature by Governor Cuomo. Once that statute is passed, spousal maintenance, both temporary and permanent, will be ordered pursuant to a formula.
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Spousal Maintenance Concerns: How it is Calculated
The formula is relatively complex. There are a number of factors that have to be considered before the court determines which formula applies. The formula also contains a durational calculation. This means that we are no longer subject to the whims and predilections of the different judges with regard to how they view spousal maintenance. We are about to have a comprehensive statute that will assist us in advising clients and addressing spousal maintenance in a comprehensive fashion in all cases, both on a temporary and on a permanent basis.
If you have any further spousal maintenance concerns, please call our experienced Saratoga divorce attorneys for strong and dependable legal guidance.