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  • Writer's pictureJames Chau

New York's No Fault Divorce and Spousal Support

Updated: Oct 17, 2022

Back in May I blogged about no-fault divorce in New York and how it was make divorce simpler. A recent article talks about legal authorities concerns regarding no-fault divorce now that bill is to take effect.

One of the big concerns is how judges will calculate alimony. Under New York’s current system, judges can consider the needs of a family and its budget to determine what is necessary to maintain that marital lifestyle. With the new system, up to $500,000 of a spouse’s income will be counted when determining alimony. If a spouse earns millions a year, only $500,000 of that will be counted toward the formula.

There are two criteria that are to be considered and the lesser amount of the two is the alimony that is to be awarded. The first is 30 % of the higher-earning spouse’s income, minus 20% of the lower-earning spouse’s income. The second formula is 40% of the parties combined income, minus the lower-earning spouse’s income.

Another worry is a provision that will make the higher-earning spouse responsible for all legal fees for both sides, and a provision with a 3 year expiration date on child support orders. This would mean spouses would need to return to court to have child support orders renewed.

While California law is much different than New York. The spousal support laws are complex and require the assistance of a professional. California’s spousal support laws are based on Family Code 4320 factors. The factors are a myriad and complex. They require careful consideration of each factor and how it applies to each case.

If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.

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