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Revolutionary Law Change in New York as of June 2015
November 17, 2015
A new New York law has passed governing the amount of post-divorce spousal support or maintenance as well as distribution of the value of an education or license or degree or enhanced earning capacity.
This law drastically changed how a Court will determine spousal support AFTER a judgment of divorce has been entered. Prior to this law, says a top New York Divorce and Custody lawyer Lisa Beth Older, the Court had the sole discretion as to whether as how much support would be paid to a spouse after a divorce trial.
As to equitable distribution, a breaking phenomenon in the new law which is unrelated to spousal maintenance is that is that a court no longer has to enhanced earning capacities derived from professional license. Before this law the Court had to consider value and distribute said value between the parties a spouse’s enhanced earning capacity from achieving a license, a degree, or the enhancement of their career.
“One of the initiators of the law was Justice Sunshine who sits in Brooklyn Supreme Court and decides many Brooklyn Divorce Lawyer’s cases” says Lisa Beth Older, Esq., one of New York's top Divorce and Custody lawyers.
As to calculating amount and duration of temporary and final awards of spousal support or maintenance, formally known as alimony this formula dictates how a case should be settled ort determined after trial. The Courts may deviate from the formula under certain conditions. It is similar in nature to the New York Child Support Standards Act in 1989.
The following is the formula to be considered in arriving at the fair and proper amount:
The formula takes into account whether or not the spouse is charged with paying child support.The amount paid is governed by the length of the formula and the duration of the award to be paid is based upon the length of the marriage.