New York State's New Maintenance Legislation

The New York Legislature recently passed a bill essentially providing for a complete overhaul of the law in the State of New York pertaining to maintenance under Domestic Relations Law ' 236 and spousal support under Family Court Act ' 412. The legislation was signed into law by Governor Cuomo late last month. The new legislation provides, among other things, for: 1) modification of the current temporary maintenance statute; 2) the determination of the amount of post-divorce maintenance and spousal support based on specific formulas set forth in the statutes; 3) proposed guidelines for the duration of post-divorce maintenance awards based on the duration of the marriage; and 4) the elimination for purposes of equitable distribution of the enhanced earning capacity attributable to advanced degree and professional licenses and degrees for purposes of equitable distribution.