New 2016 Alimony/Maintenance Laws: Ladies and Gentlemen Start Your Divorces
Originally, Alimony Laws were to eradicate financial inequities suffered by divorcing women. Since then, alimony has turned into maintenance and maintenance has various factors which determine as spouse’s eligibility; the amount of maintenance and the duration.
On June 24th, 2015 the United States Senate passed a bill which was a “sweeping revision” to the Domestic Relations Law of New York State and the alimony / maintenance provisions. It was later signed by Governor Cuomo and this new law will provide a specific formula whereby wealth will be distributed from the spouse that earns more to the spouse that earns less. Historically, men earned more than woman and men paid alimony (hereafter “maintenance”) to women. Now, women in New York are actually earning more than their male peers. In fact, female millennials bring in $1.02 for every $1.00 earned by young men in New York. This was first reported by Glamour Magazine and later verified and analyzed by the institute for Women’s Policy Research as well as the Daily News.
Therefore, divorces between spouses in marriages of any length of time (one year – thirty years) most likely will result in one spouse paying the other spouse paying maintenance under the new 2016 law. Our firm has handled over 19,000 successful divorce cases and has over 25 years of experience and we stand behind this advice.
Whether you are a man or a woman, if you are making more than your partner and you are unhappy, you may want to consider filing a divorce well in advance of the January 23rd, 2016 date. If you cannot do it well in advance of that date, do it on January 22nd, 2016.
If you are of the opinion that the new maintenance law that will give your spouse maintenance as a way of fairly redistributing the marital income from the higher earning spouse to the lower earning spouse is a good thing, then you can still give it voluntarily. If you are the lower earning spouse, you should definitely know your rights before January 23rd, 2016 so that after that date, you can enforce them. If you are the higher earning spouse, you should consult with a divorce lawyer immediately.
Divorce attorneys often have their own Bar Association (The Matrimonial Bar Association) and they have separate parts and divisions in the Courts of the various Counties in the State of New York. Here at Bryan L. Salamone & Associates, P.C. we handle over 1,000 cases a year. We will provide you with a free consultation (on selective matters) in connection with these new maintenance laws or any divorce or family law problem. Call us at (631) 424-3597 or contact us online.
This will not be a very “Happy New Year” for people who are blindsided by a spouse who wants out. Call us so that we can discuss your rights.