NEW YORK STATE OVERHAULS SPOUSAL MAINTENANCE FORMULA
NEW YORK STATE OVERHAULS SPOUSAL MAINTENANCE FORMULA
By: Amy B. Egitton
Gov. Andrew Cuomo has signed into law a bill that has revised the current maintenance law in New York State. A summary of key provisions of the new legislation, as it relates to maintenance, is as follows:
- The statute establishes an income cap to be used for the calculation of temporary maintenance and permanent maintenance at $175,000 of the payor’s income. The previous cap, which applied only to temporary maintenance, was $543,000 of the payor’s income. This is a significant change and will greatly impact future maintenance awards. The new cap is more in line with the cap that is used for the calculation of child support.
- The statute provides for two sets of formulas in the calculation of maintenance. The first set of formulas is used when the payor’s income is at or below the cap. Within that scenario is a formula for when the payor is also paying child support and the other for when the payor is not paying child support. The other set of formulas is used when the payor’s income is above the cap. This second scenario uses the calculation for maintenance with income at or below the cap and then applies a series of deviation factors that the court can apply to income above the cap in its calculation.
- In determining temporary maintenance, the court shall consider the parties’ responsibility for payment of family expenses during the pendency of the proceeding.
- Temporary maintenance shall be calculated prior to child support because the amount of temporary maintenance shall be subtracted from the payor’s income as part of the child support calculation.
- Temporary maintenance shall terminate no later than the issuance of a judgment of divorce or the death of either party.
- In determining permanent maintenance, the statute provides that income from property distributed to each party be considered.
- The statute provides for an advisory schedule for the court for determination of the duration of the maintenance obligation which is based on the term of the marriage. Term of the marriage is defined as date of marriage until date of commencement of the divorce action. The court shall take into account retirement assets and retirement age, if ascertainable. If not ascertainable, the full or partial retirement of the payor with a significant reduction in income shall be a basis for modification. The statute does not prevent the court from awarding non-duration maintenance. Whether or not the court uses the advisory schedule, the court must state what deviation factors it considered.
The portion of the statute that pertains to temporary maintenance will be effective October 26, 2015 and the portion of the statute referencing permanent maintenance will take effect on January 25, 2016. If you have any additional questions, please feel free to contact me.
SYRACUSE, NY (October 8, 2025) – Two leading law firms in Central New York, Costello, Cooney & Fearon and Scolaro Fetter Grizanti & McGough, are pleased to announce their combination, effective Jan. 1, 2026. Costello Cooney Fearon & Fetter will build upon a combined 175 years of legal tradition in Syracuse while establishing a stronger foundation to serve clients across the region and beyond. This combination represents more than the joining of two firms; it marks the uniting of two longstanding legal legacies deeply rooted in the Central New York Community. From advising local businesses and municipalities to guiding families through generations of change, both firms share a common history of helping the region grow and thrive. “Bringing our firms together unites the collective strength of two highly successful practices with a shared vision for delivering the highest quality client service. This combination will allow us to offer a broader range of legal services to meet the evolving needs of our present and future clients.” – Jeffrey M. Fetter, Chief Executive Officer of Scolaro Fetter Grizanti & McGough With over 45 attorneys practicing throughout New York State, the firm will offer expanded strength in litigation, business and tax law, mergers and acquisitions, estate and trust planning and administration, municipal and education law, real estate, family law, healthcare, agricultural law, and more. “This is an important and exciting moment for both of our firms. Combining with Scolaro Fetter Grizanti & McGough strengthens the services we can provide to our clients and creates new opportunities for our attorneys and staff. Having been with Costello, Cooney & Fearon for more than 35 years, I see this as one of the most meaningful steps we’ve taken to ensure the continuity of the quality and depth of our practice and a vibrant future for decades to come. We have long respected the work of Scolaro Fetter Grizanti & McGough, and now we look forward to growing together as one firm.” – John R. Langey, Chief Executive Officer of Costello, Cooney & Fearon A Shared Legacy, A Stronger Future Costello, Cooney & Fearon has been part of the Syracuse legal landscape since 1896, known for its innovative, collaborative approach and broad range of practice areas. Founded in 1979, Scolaro Fetter Grizanti & McGough has built a respected reputation, spanning several states, for its sophisticated work in business, tax, and estate planning. Together as Costello Cooney Fearon & Fetter, the firm will continue to serve as a proud partner in the Central New York Community, offering the full-service capabilities of a large firm while maintaining the personalized attention and client relationships that have long defined both organizations. Clients can expect a seamless transition, continuing to work with the attorneys they know and trust – now backed by a deeper bench of talent and experience. Additional details about the firm’s combined operations will be shared in the coming weeks. About Costello Cooney Fearon & Fetter Costello Cooney Fearon & Fetter will be a full-service law firm with offices in Syracuse, Albany, and Cazenovia, N.Y. and Stuart, Fla. With deep roots in Central New York and serving clients throughout several states, the firm will provide forward thinking legal counsel to businesses, municipalities, educational institutions, and individuals, while remaining committed to the communities it has proudly served for generations.
Stewart M. McGough, Esq. Deed fraud is increasing rapidly in Florida. Criminals have been forging property deeds to unlawfully transfer ownership and sell properties without the real owner's knowledge. Any property owner may be affected, including homeowners, and the legal costs to reverse this type of fraud can be substantial. To help combat this risk, Florida law now requires each county Clerk of Court to provide a Property Alert Service . This free service notifies you when a document such as a deed is filed under your name or your property's legal description. Steps You Should Take Register for Property Alerts Visit the official Florida Court Clerks website: https://www.flclerks.com/page/PropertyAlertServices Choose Your County (or Counties) Click the link for each county where you own property. Complete the online registration with your name and property information. Watch for Notifications If someone files a deed involving your property, you will receive an alert by email, text, or phone depending on the county. If the filing is legitimate, no action is needed. If it appears fraudulent, contact the Clerk immediately and consult an attorney to prevent the deed from being recorded. Why This Matters Deed fraud can occur silently and without warning. Registering for alerts gives you immediate notice so you can respond before the fraud is finalized and your property is illegally transferred. Please take a few minutes to register today. This simple step can protect your property and avoid major legal complications.
