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News about Divorce Law in New York State
Articles on New York Divorce Law
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Nov 2017WHAT IS A HIGH NET WORTH DIVORCE?
Sep 2017What to expect in a custody case
Sep 2017WHAT IS A CONFESSION OF JUDGMENT
Sep 2017What Does a Default Mean?
Aug 2017WHAT IF I CAN'T SERVE MY SPOUSE?
Aug 2017What is Jurisdiction?
Aug 2017What should I say to the Judge?
Aug 2017Can I appeal a Custody Order?
Jul 2017How do I get custody if my spouse and I live in different states and how do you determine Home State
May 2017WHAT IS A NEW YORK DIVORCE MOTION?
Will my rights in my divorce change if I file after January 25, 2017?
October 23, 2017
What law applies to my divorce in my favor if I file after January 2016?
If you are a business owner, or the monied spouse facing a spousal support award, filing for divorce after January 2016 is beneficial for you.
This is because the divorce law changed and so effective January 2016 if you got a degrees and licenses during a marriage said degree or license is no longer considered marital property subject to equitable distribution.
Bear in mind that not everyone has to pay spousal support. There is a template on line where you can figure out whether you must pay spousal support. In this template you plug in your income and the income of your spouse and if there is a substantial difference in all likelihood there will be a spousal support award. But the formula is complicated because if you are also paying child support that amount is pushed into your spouse’s column for purposes of deciding whether you owe spousal support, and how much. By this law the courts attempt to avoid double dipping for purposes of determining a spousal support award.
As to your obligation to pay spousal support, the law has changed by providing us with guidelines formulas that cap the amount against which spousal support is figured. The cap of your income subject to spousal support will be $175,000 but bear in mind this is a formula from which the court may deviate. Usually the Court will not deviate but if the Court elects to lift the cap, and give additional maintenance based upon the payor’s income in excess of $175,000.00, then it must state its reasons for doing so and cite to the deviating factors set forth in the statute.
You might ask, how long will my obligation to pay spousal support last? These guidelines set different timelines depending upon the duration of the marriage. If your marriage lasted less than fifteen years you can expect that your spousal support obligation will last between 15% to 30% of the length of your marriage. If your marriage is longer than 20 years, than you can expect to pay your spouse for a time equal to 35% to 50% of the length of your marriage. +lawofficesoflisabetholderNewYorkNY