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Recently Enacted Temporary Maintenance Guidelines Provide More Financial Stability

If you depend on your spouse for income, during a divorce you can obtain an order for him or her to pay ongoing support in the form of "temporary maintenance." When the new no-fault divorce legislation in New York was passed, revised temporary maintenance guidelines were also signed into law. The intent behind the guidelines is to provide a more stable and predictable income for spouses who receive support. The receiving spouse's income must be less than two third's of the other's in order for the new law to apply. Temporary maintenance is then either 40% of the sum of both incomes less the recipient's income, or 30% of the payor's income less 20% of the recipient's income - whichever figure is smaller. For calculation purposes, combined income is capped at $500,000, and the new law is not applicable to poverty level incomes. If your spouse is self-employed and has many questionable deductions, your lawyer may be able to dispute the declared income in favor of a higher figure. This can increase both temporary and future maintenance. 

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