Most New Yorkers going through a divorce hope to maintain their marital standard of living following the determination of any maintenance award and the equitable distribution of marital property. Whether that is possible can depend on factors including the length of the marriage, each spouse’s income and earning capacity, the assets available for distribution and the financial needs of both parties after the divorce.
Under New York law, judges can consider the “standard of living of the parties established during the marriage” when determining maintenance, the state’s term for what many people call alimony or spousal support. The formula used in New York’s maintenance guideline is designed in part to help individuals who relied on their spouse’s income during the marriage to move forward without significant financial disruption.
Judges can also consider the following factors when evaluating a maintenance case where the income at issue exceeds the amount covered in the guideline or where an adjustment to the guideline result might be appropriate:
- Whether the spouse seeking alimony has experienced “reduced or lost earning capacity…as a result of having forgone or delayed education, training, employment or career opportunities during the marriage”
- Actions by the potential paying spouse “that have inhibited or continue to inhibit [the potential recipient’s] earning capacity or ability to obtain meaningful employment” (including domestic violence)
- The division of marital property among the spouses. New York follows the equitable distribution model, which means assets and debts are to be divided fairly and equitably, which may or may not be a 50-50 division.
It’s not just wealthy spouses who seek to maintain their marital standard of living. People who have been living a comfortable, middle-class lifestyle for decades, caring for the children and maintaining the home while their husband or wife worked full-time, could suffer severe consequences following an unfavorable divorce order.
A judge determining whether to diverge from the guideline needs to consider the effect of the alimony obligation on the paying spouse. They can only be expected to help their ex maintain their standard of living if they can afford to do so without significantly diminishing their own standard of living.
Whichever side of the alimony equation you are on, it is crucial to know the law, even if you and your spouse are working with your attorneys to negotiate the terms on your own. If you cannot agree, you will require a strong advocate to make an effective argument in court about your specific circumstances and the effect the decision will have on your standard of living.
Bryan L. Salamone and Associates P.C. is the Long Island divorce leader who is committed to protecting clients’ well-being during and after the New York marriage dissolution process. For a consultation, please call 631-388-6009 or contact us online.