How to Prepare for Spousal Maintenance in New York Mediation

When you are preparing for divorce mediation, organizing your financial information is a necessary step. Failing to account for the rules governing spousal maintenance can lead to errors that might impact your financial stability for years after the process is finished.

Steps for Discussing Maintenance in Mediation

1. Collect your financial records. You need to gather three years of federal and state tax returns, recent pay stubs, and a completed Statement of Net Worth. Having these documents ready provides a shared set of figures, which helps prevent delays when discussing how much support is appropriate.
2. Determine the guideline figure. Start by applying the statutory formula to income up to the legal cap. If income exceeds this cap, any additional support is left to negotiation, so be prepared to explain why a higher or lower amount is necessary based on your specific situation.
3. Analyze the fifteen statutory factors. You and your spouse should review the list of items the court considers, such as health, age, and individual earning capacity. These factors provide the structure for your conversation about whether to adjust the guideline amount or modify the duration of the support.
4. Evaluate the marriage duration. The length of your marriage, measured from the date of the ceremony to the date you filed for divorce, dictates the advisory range for how long payments should last. While this provides a baseline, remember that it serves as guidance and can be adjusted based on your particular facts.
5. Factor in asset distribution. Consider how the division of property influences your financial needs. Someone who receives income-generating assets, such as rental units or investments, occupies a different financial position than someone who receives assets that do not produce immediate cash flow.
6. Address career sacrifices. If one person gave up education, training, or career advancement to manage the household or care for children, this is a relevant point for discussion. You can use this to argue for adjustments in the amount or length of support to account for lost earning capacity.
7. Identify tax considerations. Remember that federal and New York tax rules do not always align. Since state tax laws differ from federal guidelines, understand how these payments will affect your tax liability before you finalize any agreement.
8. Formalize the agreement. Once you reach a consensus, the terms must be written down, signed, and properly acknowledged. This step is necessary to ensure the arrangement is fair and reasonable and that it meets the requirements for a binding legal agreement.

For the full detail, including the exceptions and specific statutory references, see the post written by our Manhattan divorce mediation attorney.

About the author

Ryan Besinque began practicing family law in Los Angeles after his admission to the California Bar in 2012 and expanded his practice to New York City in 2018. A graduate of the University of San Diego School of Law, he received the CALI Award for Family Law and the Outstanding Service Award from the Legal Aid Society of San Diego.

Where to find us

The Law Office of Ryan Besinque, P.C. is at 115 W 25th St, 4th Floor, New York, NY 10001, and the phone is (929) 251-4477.

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Also on this blog: Divorce Mediation: What Happens After You Sign the Agreement?.

Related reading: Manhattan divorce mediation lawyer.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.