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Pre-Divorce Versus Post-Divorce Alimony

The stress and anxiety that comes with divorce can be difficult to manage, so a strong Brooklyn alimony attorney is essential.  Divorce can affect every aspect of your life, from your home, income, family, to your social life.  Many divorces result in one spouse having to pay alimony (referred to as maintenance by the State of New York).  Fully understanding how maintenance is calculated and how long it is to be paid is important in dealing with the court proceedings and a judge’s final order.

Pre-Divorce Temporary Maintenance Amount

Maintenance is paid by one spouse to the other (the supported spouse) to ensure the supported spouse is able to maintain a similar lifestyle as when they were married.  Divorce cases are often long and drawn-out.  During the proceedings, the court will determine a temporary pre-divorce alimony amount to be paid monthly until the post-divorce alimony amount is determined by the court.

The temporary maintenance is determined using the following formula, which is subject to an override should the court deem the amount unfair or unjust.

  • The lower of (1) 30% of the supporting spouse’s income less 20% of the supported spouse’s income, or (2) 60% of the combined income of both spouses less the total of the supported spouses income.
  • Example: Supporting spouse income: $1,000; Supported spouse income: $500.  The lower of (1) $1,000 x 30% – $500 x 20% = $600, or (2) $1,000+500 x 60% – $500 = $400. $400 would be rewarded in this case.

Post-Divorce Maintenance Amount

The court will decide a post-divorce maintenance amount as part of its decision.  This divorce alimony amount will either be durational, meaning it will be paid for a fixed period, or non-durational, meaning it will be paid for the supported spouse’s lifetime (which is rare).  There is no given formula in determining this amount, but there are many factors that go into the court’s decision, including:

  • Both present and future income, length of marriage, age, tax consequences, loss of benefits because of divorce, costs to support children, existence of pre-marital joint household, loss of income, career/employment disruption, and any other factor the court feels may warrant consideration.

It’s vital to go into a divorce battle prepared, so contact Brooklyn alimony attorney  Alatsas Law Firm today at (718)-233-2903, to guide you through this difficult time.