In an attempt to obtain more uniformity in Judge’s awards regarding the amount of spousal support (also called “Maintenance”) and the length of time spousal support will be paid, New York State passed a new law in January 2016.

The new law established formulas to be used to determine the amount of spousal support to be paid to the lower income spouse. One set of formulas applies when the spouse paying the spousal support is also paying child support. The other set of formulas apply when no child support is being paid by the payor spouse either because the payor spouse is the custodial parent receiving child support or there are no children. The lower of the two formulas used in each situation is the amount of spousal support to be paid. However, you and your spouse can agree to a different amount depending on your circumstances. We’ll consider such factors as the age and health of the recipient spouse; a history of limited participation in the workforce, and the need for educational or vocational training as well as the equitable distribution of marital assets.

The new law also provides guidelines for how long New York spousal support will last, which is dependent on the length of the marriage. For example, if you have been married 15 years or less, the range is between 15% to 30% of the length of the marriage. If you have been married between 15 and 20 years, the range is 30% to 40% of the length of the marriage. And if you have been married more than 20 years, the range is between 35% to 50% of the length of the marriage.

At the New York Divorce Mediation Group, we will help you negotiate the amount and length of spousal support that is fair to both of you.

When married couples have decided to separate or divorce, we are often asked about the financial benefits of divorce mediation over a traditional divorce. One of the most frequent topics of discussion – on both the husband’s AND the wife’s side – is the cost differences between the two options. After all the family financial situation will be changing, both parties want to preserve their financial resources and limit expenses as much as possible.

When we talk about the costs involved in mediation vs. divorce and how much less expensive those fees are when compared to a typical divorce using two lawyers and incurring the other fees associated with litigation, many inclined towards mediation see the savings as a motivating factor to choose the less costly path. While there is no “one size fits all” in these types of proceedings especially when talking about the divorce court route, here are a few guidelines for your consideration:

• In New York, and especially on Long Island, a typical divorce will include the costs of hiring two attorneys, pre-trial motions, expert fees and the costs of a trial.  Even if the case settles prior to trial, and most do, the costs can range from $20,000 to $75,000 or more.
• Divorce mediation is a fraction of this cost because the spouses are working directly with the mediator in anywhere between 2-6 hourly sessions plus the costs of writing the agreement and preparing and filing the divorce papers.
• Divorce mediation is not only less expensive but it is also a speedier process, and if as many say “time is money”, then being able to amicably legally divorce at far less cost is a winning situation financially and emotionally.

Again these are guidelines only and are not to be considered the actual rates or fees you will experience if you choose either the divorce court route or divorce mediation. We will be happy to discuss your marriage situation, either with or without your spouse present, and disclose actual costs of our Long Island divorce mediation services during our initial free consultation.