Temporary Spousal Maintenance is calculated by taking the lower of the following options:
- 30% of the higher earning spouse’s income, up to the income cap (currently $524,000) minus 20% of the lower earning spouse’s income.
- 40% of the combined income of both spouses, minus the income of the lower earning spouse.
This calculation only applies to the first $524,000 of a spouse’s income. If the higher earning spouse makes more than $524,000, the above mentioned factors will be considered by the court in calculating temporary maintenance.
If either spouse thinks the temporary maintenance award is unfair, he or she can ask the court to change it based on DRL §236 Part B (5-A)(a)(1).
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