If you are divorcing with children, you may wonder whether it will impact the amount of alimony you are entitled to pay or receive. Please continue reading to learn whether having children can affect how much alimony is paid and why connecting with a knowledgeable Suffolk County Alimony Attorney is in your best interest.
If I Have Children, Will It Affect How Much Alimony is Paid?
New York courts examine several factors to determine whether spousal maintenance should be awarded, including the recipient’s need for monetary support and the payor’s ability to pay. It’s important to note that alimony is not guaranteed. If awarded, the person who pays alimony is referred to as the payor, and the person who receives it is the payee.
Like many other states, New York law provides guidelines outlining how much spousal maintenance should be paid and for how long. Generally, two formulas are used to calculate alimony: one for couples with children and one for couples without children.
If you have minor children, the court will use the following formula to calculate alimony:
- 20% of the payor’s income – 25% of the payee’s income = $
- 40% of combined net income = $
- The maintenance awarded is the lesser of the two figures
If you have no children:
- 30% of the payor’s income – 25% of the payee’s income = $
- 40% of combined net income = $
- The maintenance awarded is the lesser of the two figures
It’s crucial to understand that New York law imposes an income cap based on the U.S. consumer price index for urban consumers. The current cap is $203,000 as of March 1, 2022. If the payor or the combined net income is more than $203,000, the maintenance calculation will be based on all income up to the cap of $203,000.
How Long is Alimony Paid in New York?
Alimony is decided on a case-by-case basis. Depending on the unique circumstances of your case, alimony may be temporary or permanent. Temporary awards are typically lump sums or payments with a specific end date. However, permanent spousal maintenance can last until either spouse dies, remarries, or is modified with a court order. Ultimately, the length of your marriage will determine how long you are eligible to receive post-divorce spousal maintenance in New York:
- For marriages lasting 0-15 years, alimony should last for 15%-30% of the length of the marriage.
- For marriages lasting 15-20 years, alimony should last 30%-40% of the length of the marriage.
- For marriages lasting 20+ years, alimony should last 35%-50% of the length of the marriage.
Nevertheless, the court has discretion when setting the duration of alimony. Courts have the authority to deviate from the above-listed criteria if necessary. However, it’s pretty rare.
At The Law Offices of Susan A. Kassel, P.C., we understand how complex these matters can be. If you are facing issues with spousal maintenance, please don’t hesitate to contact our legal team today. They can help you fight for a fair and adequate alimony order.
