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Underground Maintenance Formulas in New York

By Carrie Lee Weremblewski and David B. Smith

Editor's Note: When a new client asks you during a consultation about how “the law” calculates spousal support, what is your answer? Do you state with certainty how maintenance is calculated? Have you ever attempted to create a mathematical formula to calculate maintenance? In the following article, the authors asked attorneys all over New York state how to calculate maintenance and learned that the approach to this topic varied widely throughout the state. One of the formulas, however, was adopted by the legislature and the bill containing the formula was just signed by the Governor of New York at the time this edition of The Matrimonial Strategist went to press.

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