New York state law allows courts to award spousal maintenance, also known as “spousal support,” “alimony,” or simply “maintenance,” to a spouse in a divorce proceeding. Maintenance orders vary widely in duration and amount, depending on the circumstances of the parties. Calculating the amount of maintenance payments has been the subject of much controversy, resulting in reforms by the New York State Legislature in the summer of 2015. A New York appellate court addressed a common ground for disputing a maintenance order, which was that the amount of the order “is excessive and should be reduced,” in its March 2016 ruling in Stuart v. Stuart.
Two types of maintenance are available in New York divorce cases. Temporary maintenance must be paid while the divorce case is pending, but it terminates once the court grants the divorce. Post-divorce maintenance, as the name suggests, is payable after the parties are divorced. The duration may be for a defined period of time, as agreed by the parties or ordered by the court. Otherwise, it could be payable until either spouse dies or the recipient spouse remarries.
New York has modified its provisions for calculating maintenance twice in the past six years. In 2010, the Legislature passed a bill applying a formula to temporary maintenance calculations, but it left a less structured system in place for calculating post-divorce maintenance. These provisions reportedly resulted in some situations that were not only unjust but also unrealistic, with people being ordered to pay maintenance amounts greater than their actual income. A bill passed by the Legislature in June 2015, and signed by the Governor in September, applies a formula to post-divorce maintenance calculations. The rather complicated series of formulas is codified in § 236(B)(6) of the New York Domestic Relations Law (DRL).