How do New York courts determine the amount and length of spousal support?
New York, NY divorce attorney, Ken Jewell talks about how New York courts determine the amount and length of spousal support.
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One question I frequently hear is whether or not spousal support will be paid to the other spouse. And how is that calculated and for how long? Spousal support in New York, since January 2016, has been calculated by formula. It takes into account whether or not there is going to be child support paid.
It is a two-pronged formula that takes into account the payer’s income, meaning the person who’s earning the money, and what we would call the lesser moneyed or the non-moneyed spouse’s income. It isn’t a direct payment largely based on the payer spouse, but also includes the non-moneyed spouse or the recipient spouse’s income as well to offset the amount that the payer spouse would otherwise have to pay.