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New York state law permits the issuance of an order for temporary alimony in divorce cases. Alimony in New York is also called maintenance. If you are facing the prospect of a divorce, you may be interested in alimony. There a some basic elements of New York law pertaining to alimony that you need to understand. In addition, a New York temporary alimony lawyer can provide you detailed information about maintenance and other issues.
Temporary Maintenance Formula
Beginning on October 12, 2010, divorce cases filed in New York utilize a specific formula when it comes to temporary alimony or temporary maintenance. Prior to that date, temporary alimony was awarded based entirely on the discretion of the court. The fixed formula is used to ensure consistency and uniformity in calculating temporary alimony awards.
The foundation of the temporary alimony formula in New York is a consideration of the income of the spouses in the case. The first step in calculating temporary maintenance is to subtract 20 percent of the supported spouse’s income from 30 percent of the income of the paying spouse.
The total income of both parties to a divorce is then multiplied by 40 percent. The supported party’s income is then subtracted from this amount.
The court will then consider the amount determined from both calculations. The court will base a temporary maintenance award in a divorce case based on the lesser amount of these two calculations.
New York state law places on income cap to be utilized when calculating temporary alimony. The cap amount is $524,000. If the combined income of the parties exceeds this amount, the court will consider other factors when calculating temporary maintenance. These factors specifically are enumerated in the law.
There are instances in which a court can deviate from the guidelines. For example, if a spouse is in poor health, that may allow for a deviation from the guidelines established in New York.
Duration of Temporary Maintenance Order
A temporary maintenance order remains in full force and effect during the course of the divorce proceedings. They cease at the point in time that a final divorce decree is issued.
Merely because a person receives temporary maintenance during a divorce case does not mean that he or she will receive post-divorce alimony. The issue of post-divorce maintenance is taken up separately. In addition, a formula is not utilized by the court to determine post-divorce maintenance.
Temporary Maintenance Agreement
The parties to a divorce can negotiate an agreement for temporary maintenance between themselves. The court will still need to review and approve the agreement for temporary maintenance reached between divorcing spouses. The court will usually approve such an agreement, unless it sharply deviates from the proscriptions of the temporary maintenance guidelines included in New York law.
Retain a New York Temporary Alimony Lawyer
The first step in retaining a New York temporary alimony lawyer is scheduling an initial consultation with legal counsel. During an initial consultation, a New York temporary alimony lawyer will provide an evaluation of your case and explain your options. In addition, a lawyer will answer your questions. As a matter of general practice, a New York temporary alimony lawyer usually does not charge an attorney fee for a preliminary appointment.