In every marital relationship, married spouses owe each other a duty to maintain and provide adequate financial support to cover basic needs such as food and shelter. This duty arises from a legal marriage and continues until it ends due to death or is dissolved in divorce proceedings. After the marriage has ended due to divorce, spouses no longer owe each other an indefinite duty to provide each other with financial support.
However, when spouses separate in anticipation of getting a divorce, there is a risk that one spouse may suffer financial hardship while divorce proceedings are in progress. Divorce cases can take anywhere from a few months to several years, depending on the particular circumstances.
If the spouses are separated pending divorce proceedings, a court may issue temporary orders for spousal support that are effective throughout the divorce process until the court issues final spousal support orders at the conclusion of proceedings.
The Purpose of Temporary Spousal Support
New York courts have the discretion to award temporary spousal support pending the conclusion of divorce proceedings to assist parties who lack the resources to cover their reasonable needs. These temporary support orders are also known as “pendente lite” spousal support orders.
The legal authority recognizing a persons’ right to temporary spousal support can be found under Domestic Relations Law § 236, which provides that a temporary spousal support award may be ordered “in such amount as justice requires, having regard for the standard of living of the parties established during the marriage, whether the party in whose favor maintenance is granted lacks sufficient property and income to provide for his or her reasonable needs and whether the other party has sufficient property or income to provide for the reasonable needs of the other and the circumstances of the case and of the respective parties.”
Determining the Amount of Temporary Support
New York Domestic Relations Law § 236 governs the determination of temporary spousal support amounts pending divorce. The statutory guidelines regarding the calculation of temporary spousal support depend on whether child support is involved or not.
In situations where child support is involved, temporary spousal support is calculated as follows:
- “the court shall subtract twenty-five percent of the payee’s income from twenty percent of the payor’s income .
- the court shall then multiply the sum of the payor’s income and the payee’s income by forty percent.
- the court shall subtract the payee’s income from the amount derived from clause (b) of this subparagraph.
- the court shall determine the lower of the two amounts derived by clauses (a) and (c) of this subparagraph.
- the guideline amount of temporary maintenance shall be the amount determined by clause (d) of this subparagraph except that, if the amount determined by clause (d) of this subparagraph is less than or equal to zero, the guideline amount of temporary maintenance shall be zero dollars.
- temporary maintenance shall be calculated prior to child support because the amount of temporary maintenance shall be subtracted from the payor’s income and added to the payee’s income as part of the calculation of the child support obligation.”
In situations where child support is not involved, the amount of temporary spousal support is determined in the following manner:
- “the court shall subtract twenty percent of the payee’s income from thirty percent of the payor’s income.
- the court shall then multiply the sum of the payor’s income and the payee’s income by forty percent.
- the court shall subtract the payee’s income from the amount derived from clause (b) of this subparagraph.
- the court shall determine the lower of the two amounts derived by clauses (a) and (c) of this subparagraph.
- the guideline amount of temporary maintenance shall be the amount determined by clause (d) of this subparagraph except that, if the amount determined by clause (d) of this subparagraph is less than or equal to zero, the guideline amount of temporary maintenance shall be zero dollars.
- if child support will be paid for children of the marriage but the payor as defined in this subdivision is the custodial parent pursuant to the child support standards act, temporary maintenance shall be calculated prior to child support because the amount of temporary maintenance shall be subtracted from the payor’s income pursuant to this subdivision and added to the payee’s income pursuant to this subdivision as part of the calculation of the child support obligation.”
Consult the Law Office of Tzvi Y. Hagler, P.C. for Legal Counsel
At the Law Office of Tzvi Y. Hagler, P.C., you can benefit from the experience and dedication of Attorney Tzvi Y. Hagler when it comes to legal disputes arising from New York family law—such as cases concerning temporary spousal support pending divorce.
Call (516) 514-3868 or contact Attorney Hagler online to schedule a case evaluation.
