The rules regarding spousal maintenance, otherwise known as alimony in divorce law, has gone through a tremendous change last 2015. Last September 2015, Governor Andrew Cuomo signed a huge divorce law overhaul that has since gone into effect October 25th.
This recently enacted statute keeps the transitory maintenance guidelines, that is, the expected payments made during the ongoing trial and also extends this to alimony awarded after the divorce, or maintenance for a set, finite amount of time after the judgment has been entered.
In addition, the previous law had a capacity of $543,000.00 set for the spouse’s earnings to be considered in any maintenance guideline calculation, whereas now the maximum is $175,000.00. The limit, however, will change, with respect to the Consumer Price Index and its fluctuations.
At a court’s discretion, a judge may allow a higher income, more than what is allowed or even deviate from what is stated in the guidelines. While the divorce process is ongoing, family expenses need to be continuously allocated and considered between the two parties by the court where it is deemed fitting.