The Practitioner's Guide to New York's Reformed Maintenance Statute

On June 25, 2015, the New York State Legislature passed the Office of Court Administration's Maintenance Guidelines legislation, which was signed by Governor Cuomo on September 25, 2015. The statute sets forth a formula for courts to apply in determining the appropriate quantum of both temporary and permanent maintenance awards in matrimonial actions. For temporary maintenance awards, the legislation became effective as of October 26, 2015. For permanent maintenance awards, the legislation will become effective on January 26, 2016. Join attorneys Alisa Geffner and Carolyn Kersch as they discuss the historical context and current implications of this new legislation.  

Prior to its enactment, New York courts’ maintenance awards varied greatly throughout the state. This new legislation is meant to provide uniformity amongst cases, and more certainty to litigants. It is important for practitioners to become well versed in this new statute and its application to individual cases.

Learning Objectives:

I.      Acquire an in-depth understanding of the recent legislation, DRL § 236, which:

• sets forth a formula to apply in determining the appropriate quantum of maintenance to award a spouse; 
• provides an advisory guideline on the duration of maintenance based upon the length of marriage; and
• eliminates the distribution of the value of a spouse’s enhanced earnings capacity earned during the marriage

II.    Specifically apply the new legislation to different case scenarios

III.   Understand the historical framework and discuss how to best represent a client moving forward