Latest / BSPE Legal Marketing Podcast / What Spousal Maintenance Factors Under DRL § 236(B)(6) Should We Discuss in Mediation? - Ryan Besinque

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What Spousal Maintenance Factors Under DRL § 236(B)(6) Should We Discuss in Mediation? - Ryan Besinque · BSPE Legal Marketing Podcast

• 0:00
  What Spousal Maintenance Factors Under DRL § 236(B)(6) Should We Discuss in Mediation?
• 0:07
  When a marriage ends in New York, the question of spousal maintenance is rarely as simple as comparing two paychecks.
• 0:15
  New York's Domestic Relations Law § 236(B)(6) gives courts fifteen distinct factors to consider when deciding whether to adjust a guideline maintenance obligation and how long post-divorce support should last.
• 0:29
  In mediation, those same fifteen factors become the framework spouses use to organize a meaningful conversation about money, fairness, and their financial futures.
• 0:40
  The guideline calculation begins with each spouse's income as reported on the most recent federal tax return, then layers in additional rules about earning capacity and workforce history.
• 0:52
  A spouse who spent years stepping back from a career to raise children or support the other partner's professional growth may have dramatically different earning potential today.
• 1:02
  Property distribution plays a role too, because receiving income-producing investments or a Manhattan rental unit is a very different financial outcome than inheriting retirement assets that won't generate immediate cash.
• 1:15
  Age, health, and the availability and cost of health insurance for each spouse are also statutory factors that can meaningfully shift both the amount and duration of a maintenance award.
• 1:26
  The statute recognizes that domestic violence or other conduct that inhibited a spouse's earning capacity is a factor courts must weigh, even though adultery alone is not among the fifteen listed considerations.
• 1:39
  Additional factors include the standard of living established during the marriage, tax consequences for each party, wasteful dissipation of marital assets, and contributions made as a spouse, parent, wage earner, and homemaker.
• 1:53
  A critical number shaping every calculation is the statutory income cap, which stands at $241,000 for calculations on or after March 1, 2026, and adjusts every two years.
• 2:09
  When the payor's income exceeds that cap, the formula only applies to earnings up to the limit, and any maintenance beyond that point becomes discretionary and must be explained in writing by the court.
• 2:21
  Unlike litigation, where a judge applies the statute to whatever evidence is presented, mediation allows spouses to focus on the factors most relevant to their own circumstances and the records that actually support their positions.
• 2:36
  The law firm The Law Office of Ryan Besinque helps clients prepare for these discussions by reviewing financial records and guideline calculations before or during mediation so nothing is left to guesswork.
• 2:50
  Attorney Ryan Besinque earned his Juris Doctor with honors from the University of San Diego School of Law, holds a business degree from the University of Southern California, and has served New York clients since joining the bar in 2018.
• 3:04
  His approach prioritizes open communication and negotiated resolutions, and when finances involve business income or complex assets, he coordinates with forensic accountants and appraisers to document the figures used in every discussion.
• 3:20
  A skilled lawyer who understands both the guideline formula and the full range of statutory factors can show clients exactly where a proposed maintenance agreement differs from what a court might otherwise order.
• 3:33
  Contact The Law Office of Ryan Besinque, located at 115 W 25th St 4th floor, New York, NY 10001, United States, by calling 929, 251, 4477 to schedule a free consultation about spousal maintenance in mediation today.