What Information Must You Disclose When Determining Whether Spousal Support Will Be Awarded In A Divorce In New York?

Generally, you must disclose:

• net worth statements;
• last filed tax return and accompanying W-2s or 1099s;
• a pay stub that accurately represents one’s current income.

If the application is pending in family court, you would also need to include a financial disclosure affidavit. This document is similar to the net worth statement, though less comprehensive. Needing them may seem redundant, but they do serve a role in the process surrounding alimony, particularly disclosing what assets and debts either side. This helps determine if there is going to be a permanent award of maintenance, as well as setting forth facts which correspond to statutory factors the Judge must consider is setting the appropriate amount of maintenance.

How Is Spousal Support Calculated In The State Of New York?

There is a formula for determining spousal maintenance amounts the state legislature has determined to be presumptive. It is fairly convoluted. We advise against trying to calculate this on your own, not because we think you are incapable, but because of:

• how complex it can be;
• the number of exceptions or unique conditions that may apply to you;
  • income caps ($203,000)
  • low-income exceptions
• your unawareness of and inability to anticipate possible deviations the court can take, simply due to not having experience with the law.

If you want to get a general idea of what your spousal support calculation may be, you can find a calculator on the court’s website. This calculator does not take into consideration everything that will be included in the final determination. Consulting with an attorney is generally the safest option to help navigate you through the complicated and trying legal process surrounding spousal support.

There are two calculations. Which one would apply to you depends on several factors.

The first formula is divided into “subformulas.” The first is 20% of the payor’s income, minus 25% of the payee’s income. The second is 30% of the payor’s income, minus 20% of the payee’s income. Which of these calculations is used depends on whether children are involved (if yes, use the 1^st calculation – if no, use the 2d).

The second formula is 40% of combined parental income, minus the payee’s income. The “presumptive” or guideline amount is then the smaller of the 2 calculations.

That said, the result of the calculations is often the starting point for negotiations – and the Judge is free to deviate from the presumptive amount after consideration of evidence relating to all the statutory factors (see the factors listed on page 13 of this linked document).

For more information on Determining Spousal Maintenance Amounts, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (914) 468-0968 today.