New York’s New Spousal Support Law

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New York’s New Spousal Support Law

Regardless of whether your divorce is contested or uncontested, there are several issues that will need to be addressed during your divorce proceedings, including alimony. Alimony, or spousal maintenance, is an agreement between both spouses that outlines the amount of payment and how often the payments must be made.

A bill signed into New York law regarding changes to temporary spousal support and post-divorce maintenance became effective this year. Bill A-7645 works towards establishing a maintenance order that fairly and accurately calculates alimony between couples. The biggest provisional change to the bill is in the cap of allowable payment from the payer’s income – the cap was lowered from $543,000 to $175,000.

REVISED MAINTENANCE GUIDELINES

Before the bill, alimony was supposed to last one year for every three years the marriage lasted. With the new law in effect, the guidelines are as follow:

  • 15 years of marriage or less: the duration of maintenance will be between 15-30% the length of the marriage
  • 16-20 years of marriage: duration of maintenance will be between 30-40% of the length of the marriage
  • 20 years of more of marriage: duration of maintenance will be between 35-50% the length of the marriage

In addition to alterations in the length of maintenance, the bill also implements a new formula to calculate maintenance. The court will look at whether the person paying maintenance is a custodial or non-custodial parent. Furthermore, during asset and property division, the courts no longer consider the earning capacity that is associated with any degree or license that was acquired during the marriage.

FILING FOR DIVORCE? WE CAN HELP

At the Law Offices of Susan A. Kassel, P.C. we have more than 20 years of experience and have represented thousands of individuals – whether they’re filing for divorce or on the receiving end of divorce papers. Our founding attorney maintains a Superb Rating on Avvo and is a member of several prestigious organizations including the Suffolk County Women’s Bar Association of the State of New York. Clients who come to our firm can trust that their best interests will be prioritized from start to finish.

If you need strong legal representation regarding matters of divorce, family law, and estate law, contact the Law Offices of Susan A. Kassel, P.C. to schedule a consultation today. 

Why choose our firm?

We have an excellent AVVO rating from our many happy clients

We will tirelessly pursue a favorable resolution to your case

We offer aggressive and effective representation

We treat our clients with the compassion, patience, and respect that they deserve

We have more than 20 years of dedicated legal experience

We have the legal knowledge necessary to help you obtain the outcome you desire

We tailor our practice to the representation of your divorce case

What Our Clients Are Saying

I hired Susan to represent me in a divorce matter where I was fighting for custody and to limit my wife's equitable share of our assets. I won custody of our son, kept the marital residence, kept my professional practice, kept my building and paid less than half to my wife. This was after a long-term marriage. She could persuade the court that equitable is not equal and sometimes the man does deserve to win!

‐ Dave

I first must say that I had been represented by two prior attorneys both of whom had simply taken my money and left me nothing to show for it in my custody case. They kept telling me what they were doing for me but I found out they were lying. Susan on the other hand had gotten me temporary custody and support for my children and myself within two months of hiring her. I cannot say enough about her.

‐ Craig

After talking to a few other attorneys, I hired Susan to represent me in my divorce and custody dispute. I was reluctant to go with her because she was the cheapest out of all the other attorneys I met with, but I'm so glad I did. I am 100% positive no one else would have done such a great job with my case as Susan and her staff. Her work is quality, her staff is reliable and her character is honorable. There...

‐ Linda

I had a very difficult case where I had already burned through two attorneys who were unable to get me custody of my children and complete my divorce. Susan was able to rapidly work out an agreement and not let it just malinger on like my previous experiences. She was also considerate of my financial situation unlike all of the other lawyers I had spoken to. I highly recommend her if you want complete and caring service with an in-depth knowledge of...

‐ Joanne

SERVING ALL OF SUFFOLK COUNTY

The Law Offices of Susan A. Kassel, P.C. proudly serves clients throughout Suffolk County, New York in their divorce, family law, and estate planning matters. If you require the services of an experienced Suffolk County attorney, schedule a consultation with The Law Offices of Susan A. Kassel, P.C. today.

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