New Income Caps & Self-Support Reserve | DRL §236
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Applied the increased $228k income cap (now superseded by 2026 $241k) and reaffirmed judicial discretion for high-income maintenance.
Held that extended automatic orders under 2025 amendments freeze assets until entry of judgment, impacting temporary maintenance calculations.
Clarified that the 6-month separation period (effective 2025) applies retroactively for pending no-fault divorces, reducing durational maintenance waiting periods.
Addressed cohabitation standards: payor must show actual financial interdependence, not just shared residence, to terminate maintenance.
Effective March 1, 2026: Payor income cap is $241,000 annual ($20,083 monthly). Self-Support Reserve (SSR) is $21,546 annual ($1,795.50 monthly). Combined child support cap is $193,000.
DRL §236 B(5-a), 2026 Biennial Adjustments
Yes. Chapter 673 (2025) reduced the required separation period from 1 year to 6 months. This affects the timeline for maintenance eligibility and durational calculations.
DRL §170(5) as amended 2025
Automatic orders now remain in effect until the divorce judgment is entered (not just during pendency). This protects maintenance claims but restricts asset transfers longer.
CPLR 2025 amendments; 22 NYCRR 202.16
Effective December 1, 2025, courts require updated Net Worth Statement (Rev. 12/1/25) and Statement of Proposed Disposition (Excel format). Older forms will be rejected.
Yes, but following Adams v. Adams (2025), payor must prove financial interdependence (shared expenses, joint accounts) not just residency. Mere cohabitation does not automatically terminate.