• 04
  • January
    2012

Supreme Court judges in New York state calculate spousal support differently than the family courts do. Because the higher court's calculation also allows "spousal support" to be awarded to estranged spouses that are not yet formally divorced, the New York City Bar Association has recommended that formula also be used in state courts.

Currently in the state courts, the temporary spousal support calculation only takes into consideration the needs of the spouse with the lower income. The proposed changes would take both spouses' income into consideration and calculate the amount of spousal support using a mathematical formula.

This change would assist low-income, self-represented spouses in proving to judges their need for spousal support, according to the New York City Bar Association.

In addition, the bar association has encouraged the Law Revision Commission to reevaluate the consideration of licenses, degrees and certifications as a financial asset in temporary spousal support calculations. This process treats future earnings as income and assets - therefore awarding too much spousal support to the spouse without comparable degrees, licenses or certifications.

The bar association is also pushing for changes to permanent spousal support calculations. Since wealthier couples have more complicated financial situations, the association is recommending that the permanent spousal support calculation only apply to couples with a combined income of $130,000 (as opposed to the current combined income level of $500,000).

The New York State Bar Association argues that all of the above changes will provide consistency and predictability across spousal support cases in New York state - and make it easier for attorneys to provide accurate and reliable guidance to their clients when it comes to spousal support.

Source: Thomson Reuters, "NY bar association recommends changes to spousal support.