New York Spousal Support and Maintenance: Complete Legal Guide

Individuals who are responsible for spousal support, don't always pay what they owe. Getting a spouse to pay what you owe is often far too complicated for the average New Yorker. Learn more about spousal support and spousal maintenance here and how to get what you are owed.

New York Spousal Support: Understanding Your Rights

New York law requires that spouses support each other financially. If one spouse is not willing to meet that commitment, the other spouse may sue for support. The state does not set a time limit on spousal support payments. There is no requirement that the spouses are legally separated in New York. Many spouses, probably most of them, sue for support even though they are not separated from their partner. As with alimony or maintenance, the spouse owing support must appeal to the divorce court to end the support or change the amount owed.

The Complexity of Spousal Support Cases

Spousal support cases are stressful for the person filing the case, and complicated. A family law attorney should probably be involved in either seeking support or trying to modify the terms after an award. If you feel that you have grounds to demand spousal support, contact our law firm to discuss your case.

New York Spousal Maintenance Determination: The 20 Factors

The court will determine how much spousal support or maintenance that the other party deserves. This decision hinges on 20 factors, including:

Each spouse's current income
Property, including property divided in the divorce proceedings
Length of the marriage
Age and health of both individuals
Present and future earning potential
Acts by one spouse that inhibit the other spouse's earning potential
The ability of the individual seeking maintenance to become self-supporting

That is only a partial list of what the court may consider. If there are minor children involved this can change the spousal maintenance calculation. Acts by one party or another that affected the value of their shared property may also change the support amount owed. In short, the determination of spousal maintenance is a complex legal matter. Divorce is stressful enough without dealing with complex and emotional negotiations over maintenance terms.

Rules Regulating Spousal Maintenance in New York

New York law does not set a firm time limit on spousal maintenance. The court will determine whether the maintenance continues for life or for a specified term. For example, if the spouse entitled to maintenance just entered graduate school, payments may continue for a few years if the couple divorces without children. Spousal maintenance is gender neutral in New York state, though it is much rarer for men to be awarded maintenance payments. The terms could be changed by the court or by request of either party. Because spousal support involves couples who are still married, the rules are somewhat different.

Understanding Current Income Thresholds

Type of Support	2024 Income Cap	Previous Cap	Purpose
Each spouse's current income	Property, including property divided in the divorce proceedings	N/A	Used to calculate base support amount
The combined parental income cap for calculating child support obligations has been raised from $163,000 to $183,000	$183,000	$163,000	Applies to child support calculations
The income cap for the maintenance payor (the person paying spousal support/alimony) has increased from $203,000 to $228,000	$228,000	$203,000	Maximum income considered for maintenance formula
The Self-Support Reserve amount used in maintenance calculations has gone up from $19,683 to $20,331	$20,331	$19,683	Minimum income retained by payor

Enforcing Spousal Support: Getting What You're Owed

Both maintenance and support requirements are tough to enforce outside the court system. This is why anyone awarded support or maintenance should seek legal counsel if they are not getting the money the court awarded. If you are having trouble collecting the support you are owed, contact our firm as soon as possible to discuss your case.

Available Enforcement Methods

According to New York Courts, when a spouse fails to pay support, several enforcement options are available:

Income Execution: The Support Magistrate may direct the Support Collections Unit (SCU) to take payments directly from the respondent's paycheck
Asset Seizure: Bank accounts can be seized and assets frozen
License Suspension: Driver's licenses and professional licenses may be suspended
Tax Refund Interception: State and federal tax refunds can be intercepted
Passport Revocation: International travel can be restricted
Contempt of Court: Willful failure to pay can result in jail time up to six months

The Legal Process for Collection

The Legal Aid Society explains that enforcement begins with filing a violation petition with the court. The petition must be served upon the respondent, and a hearing is held to determine whether the court order has been violated.

Important Considerations for Recipients

Tax Implications: For divorces finalized before January 1, 2019, spousal support is taxable to the recipient and deductible by the payor. For divorces after this date, federal tax rules changed - support is no longer taxable to the recipient at the federal level. Confidentiality: Family Court and Supreme Court matrimonial files are confidential. Only parties, their attorneys, or someone with written authorization can access them. Duration Guidelines: The court uses advisory schedules based on marriage length to determine maintenance duration, though judges have discretion to deviate based on circumstances.

When Professional Help is Essential

Seeking legal assistance becomes critical when:

You cannot locate your ex-spouse to serve them with a motion
Your spouse's employer refuses to withhold the support from their pay
Your spouse is paid "under the table" but has the ability to pay
You need to modify existing support orders due to changed circumstances
Your spouse has accumulated significant arrears

Remember, spousal maintenance is awarded only about 10% of the time, making proper legal representation crucial for both seeking and enforcing awards.