Spousal support
New York State currently has two formulas for the calculation of spousal support. One is for the calculation of spousal support while your matter is pending, the other is for spousal support once your matter is completed. These formulas can be found at the New York State Courts website, or nycourts.gov.
These formulas are generally applied, but they are not mandatory. The parties are free to agree to a different amount, so long as such agreement complies with statutory requirements.
The duration of maintenance is also recommended by statute, and depends upon the length of the marriage. Again, parties are free to agree to any duration they choose. A court issuing a decision, however, must list the factors it considered in determining the duration of any spousal support order.
These formulas are generally applied, but they are not mandatory. The parties are free to agree to a different amount, so long as such agreement complies with statutory requirements.
The duration of maintenance is also recommended by statute, and depends upon the length of the marriage. Again, parties are free to agree to any duration they choose. A court issuing a decision, however, must list the factors it considered in determining the duration of any spousal support order.
