Spousal support, also called alimony or maintenance, is one of the most critical aspects of a divorce in New York. Support decisions can impact your lifestyle, financial stability, and long-term wealth.
As a medically trained divorce attorney and mediator with over 35 years of experience guiding New Yorkers through complex divorces, I help clients protect assets, manage financial obligations, and resolve support issues with discretion and strategy.
This blog will walk you through how spousal support is determined in New York, what factors the courts consider, and how high-net-worth clients can protect their interests during divorce.
Understanding Spousal Support in New York
Spousal support is financial assistance one spouse may pay to the other after divorce to maintain a standard of living reasonably consistent with that enjoyed during the marriage. It is separate from child support and is based on multiple factors, not just income.
In New York, spousal support can be:
- Temporary Maintenance: Paid during the divorce process
- Post-Divorce Maintenance: Paid after the divorce is finalized
- Lump-Sum Support: Sometimes negotiated instead of ongoing payments
Key Factors Courts Consider
New York courts consider a comprehensive list of factors when determining the amount and duration of spousal support. For high-net-worth clients, understanding these factors is critical:
- Income and Property of Both Spouses
- Total earnings, bonuses, investments, retirement accounts, and other assets
- Property acquired before and during the marriage
- Length of the Marriage
- Short marriages may result in limited support
- Long-term marriages often justify extended support
- Age and Health of Both Spouses
- Health issues may impact earning potential or financial needs
- Retirement considerations can affect duration
- Career and Earning Capacity
- Courts examine professional education, experience, and opportunities
- Executive clients may have fluctuating incomes due to bonuses or stock options
- Contributions to the Marriage
- Financial contributions, child-rearing, homemaking, or support of the other spouse’s career
- Standard of Living During Marriage
- Courts aim to maintain a comparable lifestyle for both spouses, especially for high-net-worth individuals
- Custody and Child Support Obligations
- If one spouse has primary custody, support may adjust to reflect child-rearing responsibilities
- Any Other Equitable Factors
- Tax implications, retirement distribution, and business ownership may all play a role
How Spousal Support Is Calculated
CATEGORIES:
· Spousal Support & Alimony
· High-Asset Divorce
· Divorce for Professionals & Executives
· Divorce Mediation vs. Litigation
· Property Division & Wealth Protection
· Financial Planning in Divorce
· Child Support & Custody Considerations
· Divorce Strategy & Legal Guidance
For marriages under 15 years, New York provides guidelines using a formula based on income. However, high-net-worth divorces often exceed these guidelines, requiring custom calculations:
- Percentage of Income: Temporary maintenance formulas consider a percentage of the difference in incomes.
- Lifestyle Considerations: Courts may adjust to reflect the standard of living during the marriage.
- Business or Stock Holdings: Ownership of companies or investments may influence both amount and duration.
Negotiated Support vs. Court-Ordered Support
High-net-worth clients often benefit from negotiated settlements instead of leaving spousal support entirely to a judge:
- Negotiation allows control over terms, schedules, and lump-sum options
- Mediation provides privacy and speed, avoiding public court proceedings
- Court Orders are enforceable but can be time-consuming and public
I frequently help clients create strategic support agreements that protect wealth, maintain privacy, and ensure compliance with New York law.
Some of My Case Examples
- The Executive Couple: A CEO and spouse negotiated spousal support reflecting fluctuating bonuses and investments, using a formula that adjusts annually for income changes.
- The Entrepreneur: A business owner structured lump-sum support instead of monthly payments to avoid impacting company cash flow while ensuring the spouse’s financial security.
- The Professional Athlete: High-earning, short career span required customized support planning for post-retirement needs.
These examples illustrate that one-size-fits-all solutions rarely work in divorces.
Some Common Mistakes to Avoid
- Underestimating Total Income: Executive bonuses, deferred compensation, and business revenue must be included.
- Ignoring Tax Implications: Support payments may have tax consequences depending on structure.
- Failing to Plan for Fluctuating Income: Income-based adjustments can prevent disputes and ensure fairness.
- Overlooking Lifestyle Maintenance: Courts may maintain the standard of living for affluent families, making careful documentation essential.
With many decades of experience, I guide executives, professionals, and affluent families through spousal support planning and negotiation with a focus on:
- Discretion and Privacy – Protecting your reputation during the divorce process
- High-Asset Expertise – Business ownership, stock options, and complex portfolios
- Mediation & Litigation – Tailored solutions whether private or court-enforced
- Psychologically Informed Strategy – Understanding both financial and emotional dynamics
Here Are Some FAQs About Spousal Support I Receive:
How long does spousal support last in New York?
- Duration is based on factors including length of marriage, age, health, and earning potential. Long-term marriages often receive longer support.
Can support be modified?
- Yes, if there’s a substantial change in income, health, or circumstances.
Is mediation effective for high-net-worth clients?
- Absolutely. Mediation provides confidentiality, speed, and flexibility, particularly when large assets are involved. It also saves money and time!
Do courts consider lifestyle?
- Yes. Maintaining the standard of living enjoyed during the marriage is a key factor in New York.
Spousal support is a critical and complex component of any New York divorce, especially for professionals, executives, and high-net-worth individuals. With careful planning, strategic negotiation, and expert legal guidance, it is possible to protect wealth, maintain lifestyle, and ensure long-term financial security.
With over 35 years experience as a divorce attorney and mediator, I can answer all your questions about spousal support. If you are considering divorce or negotiating spousal support in New York, call me to schedule a free and confidential consultation at 212.734.1551.
Together, we can design a plan that safeguards your interests and preserves both your financial and personal well-being.
I look forward to working with you
Warm regards,
Lois