S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9606--A

                          I N  A S S E M B L Y

                               May 9, 2014
                               ___________

Introduced  by  M.  of  A.  WEINSTEIN,  PAULIN, SEPULVEDA, JAFFEE, ROSA,
  MOSLEY, WEPRIN, WRIGHT, SIMOTAS, BRONSON, LAVINE -- Multi-Sponsored by
  -- M. of A.  BRENNAN, COOK, GOTTFRIED, MILLMAN, SKARTADOS,  WEISENBERG
  --  read  once  and referred to the Committee on Judiciary -- reported
  and referred to the Committee on Codes -- committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the domestic relations law, in relation to the  duration
  and  amount  of  maintenance;  and  to  amend the family court act, in
  relation to spousal support

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  5-a of part B of section 236 of the domestic
relations law, as added by chapter 371 of the laws of 2010,  is  amended
to read as follows:
  5-a.  Temporary  maintenance  awards. a. Except where the parties have
entered into an agreement pursuant to subdivision  three  of  this  part
providing  for  maintenance,  in  any matrimonial action the court shall
make its award for temporary maintenance pursuant to the  provisions  of
this subdivision.
  b.  For  purposes of this subdivision, the following definitions shall
be used:
  (1) "Payor" shall mean the spouse with the higher income.
  (2) "Payee" shall mean the spouse with the lower income.
  (3) "Length of marriage" shall  mean  the  period  from  the  date  of
marriage until the date of commencement of action.
  (4) "Income" shall mean[:
  (a)] income as defined in the child support standards act and codified
in  section  two  hundred forty of this article and section four hundred
thirteen of the family court act[; and
  (b) income from income producing property to be  distributed  pursuant
to subdivision five of this part].
  (5)  "Income  cap"  shall  mean up to and including [five] TWO hundred
thousand dollars of the payor's annual income; provided, however, begin-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD15051-03-4

A. 9606--A                          2

ning January thirty-first, two thousand [twelve] SIXTEEN and  every  two
years  thereafter, the [payor's annual] income CAP amount shall increase
by the [product] SUM of the average annual  percentage  changes  in  the
consumer price index for all urban consumers (CPI-U) as published by the
United  States  department  of  labor bureau of labor statistics for the
PRIOR two [year period] YEARS MULTIPLIED BY THE CURRENT  PAYOR'S  ANNUAL
INCOME  AMOUNT AND THEN rounded to the nearest one thousand dollars. The
office of court administration shall determine and  publish  the  income
cap.
  (6)  "Guideline  amount of temporary maintenance" shall mean the [sum]
DOLLAR AMOUNT derived by the application of paragraph c  OR  D  of  this
subdivision.
  (7)  ["Guideline duration" shall mean the durational period determined
by the application of paragraph d of this subdivision.
  (8) "Presumptive award" shall mean the guideline amount of the  tempo-
rary  maintenance  award for the guideline duration prior to the court's
application of any adjustment factors as provided in subparagraph one of
paragraph e of this subdivision.
  (9)] "Self-support reserve" shall mean  the  self-support  reserve  as
defined  in  the child support standards act and codified in section two
hundred forty of this article and section four hundred thirteen  of  the
family court act.
  c.  [The court shall determine the guideline amount of temporary main-
tenance in accordance with the provisions of this paragraph after deter-
mining the income of the parties:
  (1) Where the payor's income is up to and including the income cap:
  (a) the court shall subtract twenty percent of the income of the payee
from thirty percent of the income up to the income cap of the payor.
  (b) the court shall then multiply the sum of the payor's income up  to
and  including  the  income  cap  and all of the payee's income by forty
percent.
  (c) the court shall subtract the income of the payee from  the  amount
derived from clause (b) of this subparagraph.
  (d)  the  guideline amount of temporary maintenance shall be the lower
of the amounts determined by clauses (a) and (c) of  this  subparagraph;
if the amount determined by clause (c) of this subparagraph is less than
or equal to zero, the guideline amount shall be zero dollars.
  (2) Where the income of the payor exceeds the income cap:
  (a)  the court shall determine the guideline amount of temporary main-
tenance for that portion of the payor's income that is up to and includ-
ing the income cap according to subparagraph one of this paragraph, and,
for the payor's income in excess of the  income  cap,  the  court  shall
determine  any  additional  guideline  amount  of  temporary maintenance
through consideration of the following factors:
  (i) the length of the marriage;
  (ii) the substantial differences in the incomes of the parties;
  (iii) the standard of living of the  parties  established  during  the
marriage;
  (iv) the age and health of the parties;
  (v) the present and future earning capacity of the parties;
  (vi) the need of one party to incur education or training expenses;
  (vii) the wasteful dissipation of marital property;
  (viii) the transfer or encumbrance made in contemplation of a matrimo-
nial action without fair consideration;
  (ix)  the existence and duration of a pre-marital joint household or a
pre-divorce separate household;

A. 9606--A                          3

  (x) acts by one party against another that have inhibited or  continue
to  inhibit  a  party's earning capacity or ability to obtain meaningful
employment. Such acts include but are not limited to  acts  of  domestic
violence  as provided in section four hundred fifty-nine-a of the social
services law;
  (xi) the availability and cost of medical insurance for the parties;
  (xii)  the  care of the children or stepchildren, disabled adult chil-
dren or stepchildren, elderly parents or in-laws that has  inhibited  or
continues  to  inhibit  a  party's earning capacity or ability to obtain
meaningful employment;
  (xiii) the inability of one party to obtain meaningful employment  due
to age or absence from the workforce;
  (xiv)  the  need  to  pay  for exceptional additional expenses for the
child or children, including, but not limited to,  schooling,  day  care
and medical treatment;
  (xv) the tax consequences to each party;
  (xvi) marital property subject to distribution pursuant to subdivision
five of this part;
  (xvii)  the  reduced  or  lost  earning  capacity of the party seeking
temporary maintenance as a result of having foregone or  delayed  educa-
tion, training, employment or career opportunities during the marriage;
  (xviii)  the contributions and services of the party seeking temporary
maintenance as a spouse, parent, wage earner and homemaker  and  to  the
career or career potential of the other party; and
  (xix) any other factor which the court shall expressly find to be just
and proper.
  (b)]  WHERE  THE  PAYOR'S  INCOME IS LOWER THAN OR EQUAL TO THE INCOME
CAP, THE COURT SHALL DETERMINE THE GUIDELINE AMOUNT OF TEMPORARY MAINTE-
NANCE AS FOLLOWS:
  (1) THE COURT SHALL SUBTRACT TWENTY PERCENT OF THE PAYEE'S INCOME FROM
THIRTY PERCENT OF THE PAYOR'S INCOME.
  (2) THE COURT SHALL THEN MULTIPLY THE SUM OF THE  PAYOR'S  INCOME  AND
THE PAYEE'S INCOME BY FORTY PERCENT.
  (3)  THE  COURT  SHALL  SUBTRACT  THE  PAYEE'S  INCOME FROM THE AMOUNT
DERIVED FROM SUBPARAGRAPH TWO OF THIS PARAGRAPH.
  (4) THE COURT SHALL DETERMINE THE LOWER OF AMOUNTS DERIVED BY SUBPARA-
GRAPHS ONE AND THREE OF THIS PARAGRAPH.
  (5) THE GUIDELINE AMOUNT OF TEMPORARY MAINTENANCE SHALL BE THE  AMOUNT
DETERMINED  BY  SUBPARAGRAPH  FOUR OF THIS PARAGRAPH EXCEPT THAT, IF THE
AMOUNT DETERMINED BY SUBPARAGRAPH FOUR OF THIS PARAGRAPH IS LESS THAN OR
EQUAL TO ZERO, THE GUIDELINE AMOUNT OF TEMPORARY  MAINTENANCE  SHALL  BE
ZERO DOLLARS.
  D.  WHERE  THE  PAYOR'S INCOME EXCEEDS THE INCOME CAP, THE COURT SHALL
DETERMINE THE GUIDELINE AMOUNT OF TEMPORARY MAINTENANCE AS FOLLOWS:
  (1) THE COURT SHALL PERFORM THE CALCULATIONS  SET  FORTH  IN  SUBPARA-
GRAPHS ONE THROUGH FOUR OF PARAGRAPH C OF THIS SUBDIVISION FOR THE TOTAL
INCOMES OF PAYOR AND PAYEE.
  (2)  THE  COURT  SHALL  PERFORM THE CALCULATIONS SET FORTH IN SUBPARA-
GRAPHS ONE THROUGH FOUR OF PARAGRAPH  C  OF  THIS  SUBDIVISION  FOR  THE
INCOME OF PAYOR UP TO AND INCLUDING THE INCOME CAP AND FOR THE INCOME OF
PAYEE.
  (3) THE GUIDELINE AMOUNT OF TEMPORARY MAINTENANCE SHALL BE EITHER:
  (A)  THE  CALCULATION DERIVED FROM SUBPARAGRAPH ONE OF THIS PARAGRAPH;
OR

A. 9606--A                          4

  (B) THE AMOUNT DERIVED FROM SUBPARAGRAPH TWO OF THIS PARAGRAPH PLUS AN
AMOUNT THAT THE COURT SHALL DETERMINE BY CONSIDERATION  OF  THE  FACTORS
SET FORTH IN SUBPARAGRAPH ONE OF PARAGRAPH H OF THIS SUBDIVISION.
  (4)  In any decision made pursuant to CLAUSE (B) OF SUBPARAGRAPH THREE
OF this [subparagraph] PARAGRAPH, the court shall set forth the  factors
it considered and the reasons for its decision IN WRITING.  Such written
[order] DECISION may not be waived by either party or counsel.
  [(3)]  E.  Notwithstanding the provisions of this [paragraph] SUBDIVI-
SION, where the guideline amount of temporary maintenance  would  reduce
the  payor's  income below the self-support reserve for a single person,
[the presumptive amount of] the guideline amount  of  temporary  mainte-
nance  shall  be the difference between the payor's income and the self-
support reserve.  If  the  payor's  income  is  below  the  self-support
reserve, there is a rebuttable presumption that no temporary maintenance
is awarded.
  [d.]  F.  The court shall determine the [guideline] duration of tempo-
rary maintenance by considering the length of the marriage.
  G. Temporary maintenance shall terminate  upon  the  issuance  of  the
[final  award] DETERMINATION of POST-DIVORCE maintenance or the death of
either party, whichever occurs first.
  [e.] H. (1) The court shall order the  [presumptive  award]  GUIDELINE
AMOUNT of temporary maintenance in accordance with paragraphs c and d of
this  subdivision,  unless  the court finds that the [presumptive award]
GUIDELINE AMOUNT OF TEMPORARY MAINTENANCE is  unjust  or  inappropriate,
WHICH  FINDING  SHALL  BE  BASED  UPON  CONSIDERATION  OF  THE FOLLOWING
FACTORS, and adjusts the [presumptive award] GUIDELINE AMOUNT of  tempo-
rary  maintenance  accordingly  based  upon  SUCH  consideration [of the
following factors]:
  (a) [the standard of living of  the  parties  established  during  the
marriage;
  (b)] the age and health of the parties;
  [(c)]  (B)  the  PRESENT  OR  FUTURE  earning capacity of the parties,
INCLUDING THE HISTORY OF LIMITED PARTICIPATION IN THE WORKFORCE;
  [(d)] (C) the need  of  one  party  to  incur  education  or  training
expenses;
  [(e)] (D) the wasteful dissipation of marital property[;
  (f)  the  transfer], INCLUDING TRANSFERS or [encumbrance] ENCUMBRANCES
made in contemplation of a matrimonial  action  without  fair  consider-
ation;
  [(g)]  (E) the existence and duration of a pre-marital joint household
or a pre-divorce separate household;
  [(h)] (F) acts by one party against another  that  have  inhibited  or
continue  to  inhibit  a  party's  earning capacity or ability to obtain
meaningful employment. Such acts include but are not limited to acts  of
domestic  violence  as  provided in section four hundred fifty-nine-a of
the social services law;
  [(i)] (G) the availability and  cost  of  medical  insurance  for  the
parties;
  [(j)]  (H)  the care of [the] children or stepchildren, disabled adult
children or stepchildren, elderly parents or in-laws PROVIDED DURING THE
MARRIAGE that [has inhibited or continues to inhibit] INHIBITS a party's
earning capacity [or ability to obtain meaningful employment];
  [(k) the inability of one party to obtain meaningful employment due to
age or absence from the workforce;
  (l)] (I) the need to pay for exceptional additional expenses  for  the
child  or  children  NOT ALREADY CONSIDERED IN DETERMINING CHILD SUPPORT

A. 9606--A                          5

PURSUANT TO THE CHILD SUPPORT STANDARDS ACT, including, but not  limited
to, schooling, day care and medical treatment;
  [(m)] (J) the tax consequences to each party;
  (K)  THE  STANDARD  OF  LIVING  OF  THE PARTIES ESTABLISHED DURING THE
MARRIAGE;
  [(n) marital property subject to distribution pursuant to  subdivision
five of this part;
  (o)]  (L)  the  reduced or lost earning capacity of the [party seeking
temporary maintenance] PAYEE as a result of having foregone  or  delayed
education,  training,  employment  or  career  opportunities  during the
marriage;
  [(p) the contributions and services of  the  party  seeking  temporary
maintenance  as  a  spouse, parent, wage earner and homemaker and to the
career or career potential of the other party;] and
  [(q)] (M) any other factor which the court shall expressly find to  be
just and proper.
  (2)  Where  the  court  finds  that  the [presumptive award] GUIDELINE
AMOUNT of temporary maintenance is unjust or inappropriate and the court
adjusts the [presumptive award] GUIDELINE AMOUNT  of  temporary  mainte-
nance  pursuant to this paragraph, the court shall set forth, in a writ-
ten [order] DECISION, the [amount of the unadjusted  presumptive  award]
GUIDELINE  AMOUNT  of  temporary maintenance, the factors it considered,
and the reasons that the court adjusted the [presumptive  award]  GUIDE-
LINE  AMOUNT  of  temporary  maintenance.  Such written [order] DECISION
shall not be waived by either party or counsel.
  (3) Where either or both parties are unrepresented,  the  court  shall
not  enter  a  temporary  maintenance order unless the COURT INFORMS THE
unrepresented party or parties [have been informed] of the  [presumptive
award] GUIDELINE AMOUNT of temporary maintenance.
  [f.  A  validly  executed agreement or stipulation voluntarily entered
into between the parties in an action commenced after the effective date
of this subdivision presented to the court for incorporation in an order
shall include a provision stating that the parties have been advised  of
the  provisions  of  this  subdivision,  and  that the presumptive award
provided for therein results in the correct amount of temporary  mainte-
nance. In the event that such agreement or stipulation deviates from the
presumptive award of temporary maintenance, the agreement or stipulation
must specify the amount that such presumptive award of temporary mainte-
nance  would  have been and the reason or reasons that such agreement or
stipulation does not provide for payment of that amount. Such  provision
may not be waived by either party or counsel.  Nothing contained in this
subdivision  shall  be  construed  to alter the rights of the parties to
voluntarily enter into validly executed agreements or stipulations which
deviate from the presumptive award  of  temporary  maintenance  provided
such  agreements  or  stipulations  comply  with  the provisions of this
subdivision. The court shall, however, retain discretion with respect to
temporary, and post-divorce maintenance awards pursuant to this section.
Any court order incorporating a validly  executed  agreement  or  stipu-
lation  which  deviates  from the presumptive award of temporary mainte-
nance shall set forth the court's reasons for such deviation.
  g.] I. When a party  has  defaulted  and/or  the  court  is  otherwise
presented  with  insufficient  evidence to determine [gross] income, the
court shall order the temporary maintenance award based upon  the  needs
of the payee or the standard of living of the parties prior to commence-
ment  of  the  divorce  action,  whichever is greater. Such order may be

A. 9606--A                          6

retroactively modified upward without a showing  of  change  in  circum-
stances upon a showing of newly discovered or obtained evidence.
  [h.]  J.  In  any action or proceeding for modification of an order of
maintenance or alimony existing prior to  the  effective  date  of  this
subdivision, brought pursuant to this article, the temporary maintenance
guidelines  set  forth in this subdivision shall not constitute a change
of circumstances warranting modification of such support order.
  [i. In any decision made pursuant to this subdivision the court shall,
where appropriate, consider the effect of a barrier  to  remarriage,  as
defined  in  subdivision  six of section two hundred fifty-three of this
article, on the factors enumerated in this subdivision.]
  K. THE COURT MAY  ALLOCATE  THE  RESPONSIBILITIES  OF  THE  RESPECTIVE
SPOUSES FOR THE FAMILY'S EXPENSES DURING THE PENDENCY OF THE PROCEEDING.
  L.  THE  TEMPORARY MAINTENANCE ORDER SHALL NOT PREJUDICE THE RIGHTS OF
EITHER PARTY REGARDING A POST-DIVORCE MAINTENANCE AWARD.
  S 2. Subdivision 6 of part B of section 236 of the domestic  relations
law,  as  amended by chapter 371 of the laws of 2010, is amended to read
as follows:
  6. Post-divorce maintenance awards. a. Except where the  parties  have
entered  into  an  agreement  pursuant to subdivision three of this part
providing for maintenance, in any  matrimonial  action  the  court  [may
order  maintenance in such amount as justice requires, having regard for
the standard of living of the parties established during  the  marriage,
whether the party in whose favor maintenance is granted lacks sufficient
property  and  income  to  provide  for  his or her reasonable needs and
whether the other party has sufficient property or income to provide for
the reasonable needs of the other and the circumstances of the case  and
of  the respective parties. Such order shall be effective as of the date
of the application therefor, and any retroactive amount  of  maintenance
due  shall  be  paid  in  one  sum  or periodic sums, as the court shall
direct, taking into account any amount of  temporary  maintenance  which
has been paid. In determining the amount and duration of maintenance the
court shall consider:
  (1)  the income and property of the respective parties including mari-
tal property distributed pursuant to subdivision five of this part;
  (2) the length of the marriage;
  (3) the age and health of both parties;
  (4) the present and future earning capacity of both parties;
  (5) the need of one party to incur education or training expenses;
  (6) the existence and duration of a pre-marital joint household  or  a
pre-divorce separate household;
  (7)  acts by one party against another that have inhibited or continue
to inhibit a party's earning capacity or ability  to  obtain  meaningful
employment.  Such  acts  include but are not limited to acts of domestic
violence as provided in section four hundred fifty-nine-a of the  social
services law;
  (8)  the  ability of the party seeking maintenance to become self-sup-
porting and, if applicable, the period of time  and  training  necessary
therefor;
  (9)  reduced  or  lost  lifetime earning capacity of the party seeking
maintenance as a result of having foregone or delayed education,  train-
ing, employment, or career opportunities during the marriage;
  (10)  the presence of children of the marriage in the respective homes
of the parties;

A. 9606--A                          7

  (11) the care of the children or stepchildren, disabled adult children
or stepchildren, elderly  parents  or  in-laws  that  has  inhibited  or
continues to inhibit a party's earning capacity;
  (12) the inability of one party to obtain meaningful employment due to
age or absence from the workforce;
  (13)  the  need  to  pay  for  exceptional additional expenses for the
child/children, including but not limited to, schooling,  day  care  and
medical treatment;
  (14) the tax consequences to each party;
  (15) the equitable distribution of marital property;
  (16)  contributions and services of the party seeking maintenance as a
spouse, parent, wage earner and homemaker, and to the career  or  career
potential of the other party;
  (17) the wasteful dissipation of marital property by either spouse;
  (18) the transfer or encumbrance made in contemplation of a matrimoni-
al action without fair consideration;
  (19)  the  loss  of  health insurance benefits upon dissolution of the
marriage, and the availability and cost of  medical  insurance  for  the
parties; and
  (20)  any other factor which the court shall expressly find to be just
and proper] SHALL MAKE ITS AWARD FOR POST-DIVORCE  MAINTENANCE  PURSUANT
TO THE PROVISIONS OF THIS SUBDIVISION.
  b. [In any decision made pursuant to this subdivision, the court shall
set forth the factors it considered and the reasons for its decision and
such may not be waived by either party or counsel.
  c.  The court may award permanent maintenance, but an award of mainte-
nance shall terminate upon the death of either party or upon the recipi-
ent's valid or invalid marriage, or upon modification pursuant to  para-
graph  b  of  subdivision  nine  of  this  part  or  section two hundred
forty-eight of this chapter.
  d. In any decision made pursuant to this subdivision the court  shall,
where  appropriate,  consider  the effect of a barrier to remarriage, as
defined in subdivision six of section two hundred  fifty-three  of  this
article,  on the factors enumerated in paragraph a of this subdivision.]
FOR PURPOSES OF THIS SUBDIVISION, THE  FOLLOWING  DEFINITIONS  SHALL  BE
USED:
  (1) "PAYOR" SHALL MEAN THE SPOUSE WITH THE HIGHER INCOME.
  (2) "PAYEE" SHALL MEAN THE SPOUSE WITH THE LOWER INCOME.
  (3) "INCOME" SHALL MEAN:
  (A)  INCOME AS DEFINED IN THE CHILD SUPPORT STANDARDS ACT AND CODIFIED
IN SECTION TWO HUNDRED FORTY OF THIS ARTICLE AND  SECTION  FOUR  HUNDRED
THIRTEEN OF THE FAMILY COURT ACT, EXCEPT THAT TEMPORARY MAINTENANCE PAID
PURSUANT  TO  SUBDIVISION  FIVE-A  OF THIS PART AND SPOUSAL SUPPORT PAID
PURSUANT TO SECTION FOUR HUNDRED TWELVE OF THE FAMILY COURT  ACT,  SHALL
NOT BE DEDUCTED FROM PAYOR'S INCOME; AND
  (B)  INCOME  FROM  INCOME-PRODUCING  PROPERTY  DISTRIBUTED  OR  TO  BE
DISTRIBUTED PURSUANT TO SUBDIVISION FIVE OF THIS PART.
  (4) "INCOME CAP" SHALL MEAN UP TO AND INCLUDING TWO  HUNDRED  THOUSAND
DOLLARS OF THE PAYOR'S ANNUAL INCOME; PROVIDED, HOWEVER, BEGINNING JANU-
ARY  THIRTY-FIRST,  TWO THOUSAND SIXTEEN AND EVERY TWO YEARS THEREAFTER,
THE INCOME CAP AMOUNT SHALL INCREASE BY THE SUM OF  THE  AVERAGE  ANNUAL
PERCENTAGE  CHANGES  IN THE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS
(CPI-U) AS PUBLISHED BY THE UNITED STATES DEPARTMENT OF LABOR BUREAU  OF
LABOR  STATISTICS  FOR  THE  PRIOR  TWO  YEARS MULTIPLIED BY THE CURRENT
PAYOR'S ANNUAL INCOME AMOUNT AND THEN ROUNDED TO THE NEAREST  ONE  THOU-

A. 9606--A                          8

SAND  DOLLARS.  THE  OFFICE  OF COURT ADMINISTRATION SHALL DETERMINE AND
PUBLISH THE INCOME CAP.
  (5)  "GUIDELINE  AMOUNT  OF  POST-DIVORCE  MAINTENANCE" SHALL MEAN THE
DOLLAR AMOUNT DERIVED BY THE APPLICATION OF PARAGRAPH C  OR  D  OF  THIS
SUBDIVISION.
  (6)  "GUIDELINE  DURATION  OF POST-DIVORCE MAINTENANCE" SHALL MEAN THE
DURATIONAL PERIOD DETERMINED BY THE APPLICATION OF PARAGRAPH E  OF  THIS
SUBDIVISION.
  (7)  "POST-DIVORCE  MAINTENANCE  GUIDELINE  OBLIGATION" SHALL MEAN THE
GUIDELINE AMOUNT OF POST-DIVORCE MAINTENANCE AND THE GUIDELINE  DURATION
OF POST-DIVORCE MAINTENANCE.
  (8)  "LENGTH  OF  MARRIAGE"  SHALL  MEAN  THE  PERIOD FROM THE DATE OF
MARRIAGE UNTIL THE DATE OF COMMENCEMENT OF ACTION.
  (9) "SELF-SUPPORT RESERVE" SHALL  MEAN  THE  SELF-SUPPORT  RESERVE  AS
DEFINED  IN  THE CHILD SUPPORT STANDARDS ACT AND CODIFIED IN SECTION TWO
HUNDRED FORTY OF THIS ARTICLE AND SECTION FOUR HUNDRED THIRTEEN  OF  THE
FAMILY COURT ACT.
  C.  WHERE THE PAYOR'S INCOME IS LOWER THAN OR EQUAL TO THE INCOME CAP,
THE COURT SHALL DETERMINE THE GUIDELINE AMOUNT OF  POST-DIVORCE  MAINTE-
NANCE AS FOLLOWS:
  (1) THE COURT SHALL SUBTRACT TWENTY PERCENT OF THE PAYEE'S INCOME FROM
THIRTY PERCENT OF THE PAYOR'S INCOME.
  (2)  THE  COURT  SHALL THEN MULTIPLY THE SUM OF THE PAYOR'S INCOME AND
THE PAYEE'S INCOME BY FORTY PERCENT.
  (3) THE COURT SHALL  SUBTRACT  THE  PAYEE'S  INCOME  FROM  THE  AMOUNT
DERIVED FROM SUBPARAGRAPH TWO OF THIS PARAGRAPH.
  (4) THE COURT SHALL DETERMINE THE LOWER OF AMOUNTS DERIVED BY SUBPARA-
GRAPHS ONE AND THREE OF THIS PARAGRAPH.
  (5)  THE  GUIDELINE  AMOUNT  OF  POST-DIVORCE MAINTENANCE SHALL BE THE
AMOUNT DETERMINED BY SUBPARAGRAPH FOUR OF THIS PARAGRAPH EXCEPT THAT, IF
THE AMOUNT DETERMINED BY SUBPARAGRAPH FOUR OF  THIS  PARAGRAPH  IS  LESS
THAN  OR EQUAL TO ZERO, THE GUIDELINE AMOUNT OF POST-DIVORCE MAINTENANCE
SHALL BE ZERO DOLLARS.
  (6) NOTWITHSTANDING THE PROVISIONS  OF  THIS  SUBDIVISION,  WHERE  THE
GUIDELINE  AMOUNT  OF  POST-DIVORCE MAINTENANCE WOULD REDUCE THE PAYOR'S
INCOME BELOW THE SELF-SUPPORT RESERVE FOR A SINGLE PERSON, THE GUIDELINE
AMOUNT OF POST-DIVORCE MAINTENANCE SHALL BE THE DIFFERENCE  BETWEEN  THE
PAYOR'S  INCOME  AND  THE SELF-SUPPORT RESERVE. IF THE PAYOR'S INCOME IS
BELOW THE SELF-SUPPORT RESERVE, THERE IS A REBUTTABLE  PRESUMPTION  THAT
NO POST-DIVORCE MAINTENANCE IS AWARDED.
  D.  WHERE  THE  PAYOR'S INCOME EXCEEDS THE INCOME CAP, THE COURT SHALL
DETERMINE THE GUIDELINE AMOUNT OF POST-DIVORCE MAINTENANCE AS FOLLOWS:
  (1) THE COURT SHALL PERFORM THE CALCULATIONS  SET  FORTH  IN  SUBPARA-
GRAPHS ONE THROUGH FOUR OF PARAGRAPH C OF THIS SUBDIVISION FOR THE TOTAL
INCOMES OF PAYOR AND PAYEE.
  (2)  THE  COURT  SHALL  PERFORM THE CALCULATIONS SET FORTH IN SUBPARA-
GRAPHS ONE THROUGH FOUR OF PARAGRAPH  C  OF  THIS  SUBDIVISION  FOR  THE
INCOME OF PAYOR UP TO AND INCLUDING THE INCOME CAP AND FOR THE INCOME OF
PAYEE.
  (3) THE GUIDELINE AMOUNT OF POST-DIVORCE MAINTENANCE SHALL BE EITHER:
  (A)  THE  CALCULATION DERIVED FROM SUBPARAGRAPH ONE OF THIS PARAGRAPH;
OR
  (B) THE AMOUNT DERIVED FROM SUBPARAGRAPH TWO OF THIS PARAGRAPH PLUS AN
AMOUNT THAT THE COURT SHALL DETERMINE BY CONSIDERATION  OF  THE  FACTORS
SET FORTH IN SUBPARAGRAPH ONE OF PARAGRAPH F OF THIS SUBDIVISION.

A. 9606--A                          9

  (4)  IN ANY DECISION MADE PURSUANT TO CLAUSE (B) OF SUBPARAGRAPH THREE
OF THIS PARAGRAPH, THE COURT SHALL SET FORTH THE FACTORS  IT  CONSIDERED
AND  THE  REASONS FOR ITS DECISION IN WRITING. SUCH WRITTEN DECISION MAY
NOT BE WAIVED BY EITHER PARTY OR COUNSEL.
  E.  THE GUIDELINE DURATION OF POST-DIVORCE MAINTENANCE SHALL BE DETER-
MINED AS FOLLOWS:
  (1) THE COURT SHALL DETERMINE THE GUIDELINE DURATION  OF  POST-DIVORCE
MAINTENANCE IN ACCORDANCE WITH THE FOLLOWING SCHEDULE:
LENGTH OF THE MARRIAGE                       PERCENT OF THE LENGTH
                                             OF THE MARRIAGE FOR WHICH
                                             MAINTENANCE WILL BE PAYABLE
0 UP TO AND INCLUDING 5 YEARS                      20%
MORE THAN 5, UP TO AND INCLUDING 7.5 YEARS         30%
MORE THAN 7.5, UP TO AND INCLUDING 10 YEARS        40%
MORE THAN 10, UP TO AND INCLUDING 12.5 YEARS       50%
MORE THAN 12.5, UP TO AND INCLUDING 15 YEARS       60%
MORE THAN 15, UP TO AND INCLUDING 17.5 YEARS       70%
MORE THAN 17.5, UP TO AND INCLUDING 20 YEARS       80%
MORE THAN 20, UP TO AND INCLUDING 25 YEARS         90%
MORE THAN 25 YEARS                             NONDURATIONAL
  (2)  NOTWITHSTANDING  THE PROVISIONS OF SUBPARAGRAPH ONE OF THIS PARA-
GRAPH, POST-DIVORCE MAINTENANCE SHALL TERMINATE UPON THE  DEATH  OF  THE
PAYOR OR PAYEE OR UPON THE PAYEE'S VALID OR INVALID MARRIAGE.
  F.  (1)  THE  COURT SHALL ORDER THE POST-DIVORCE MAINTENANCE GUIDELINE
OBLIGATION IN ACCORDANCE WITH PARAGRAPHS C, D AND E OF THIS SUBDIVISION,
UNLESS THE COURT FINDS THAT THE POST-DIVORCE MAINTENANCE GUIDELINE OBLI-
GATION IS UNJUST OR INAPPROPRIATE, WHICH FINDING  SHALL  BE  BASED  UPON
CONSIDERATION  OF  THE  FOLLOWING  FACTORS, AND ADJUSTS THE POST-DIVORCE
MAINTENANCE GUIDELINE OBLIGATION ACCORDINGLY BASED UPON  SUCH  CONSIDER-
ATION:
  (A) THE AGE AND HEALTH OF THE PARTIES;
  (B)  THE  PRESENT OR FUTURE EARNING CAPACITY OF THE PARTIES, INCLUDING
THE HISTORY OF LIMITED PARTICIPATION IN THE WORKFORCE;
  (C) THE NEED OF ONE PARTY TO INCUR EDUCATION OR TRAINING EXPENSES;
  (D) THE WASTEFUL DISSIPATION OF MARITAL PROPERTY, INCLUDING  TRANSFERS
OR  ENCUMBRANCES  MADE  IN CONTEMPLATION OF A MATRIMONIAL ACTION WITHOUT
FAIR CONSIDERATION;
  (E) THE EXISTENCE AND DURATION OF A PRE-MARITAL JOINT HOUSEHOLD  OR  A
PRE-DIVORCE SEPARATE HOUSEHOLD;
  (F)  ACTS BY ONE PARTY AGAINST ANOTHER THAT HAVE INHIBITED OR CONTINUE
TO INHIBIT A PARTY'S EARNING CAPACITY OR ABILITY  TO  OBTAIN  MEANINGFUL
EMPLOYMENT.    SUCH ACTS INCLUDE BUT ARE NOT LIMITED TO ACTS OF DOMESTIC
VIOLENCE AS PROVIDED IN SECTION FOUR HUNDRED FIFTY-NINE-A OF THE  SOCIAL
SERVICES LAW;
  (G) THE AVAILABILITY AND COST OF MEDICAL INSURANCE FOR THE PARTIES;
  (H)  THE  CARE OF CHILDREN OR STEPCHILDREN, DISABLED ADULT CHILDREN OR
STEPCHILDREN, ELDERLY PARENTS OR IN-LAWS PROVIDED  DURING  THE  MARRIAGE
THAT INHIBITS A PARTY'S EARNING CAPACITY;
  (I)  THE NEED TO PAY FOR EXCEPTIONAL ADDITIONAL EXPENSES FOR THE CHILD
OR CHILDREN NOT ALREADY CONSIDERED IN DETERMINING CHILD SUPPORT PURSUANT
TO THE CHILD SUPPORT STANDARDS  ACT,  INCLUDING,  BUT  NOT  LIMITED  TO,
SCHOOLING, DAY CARE AND MEDICAL TREATMENT;
  (J) THE TAX CONSEQUENCES TO EACH PARTY;
  (K)  THE  STANDARD  OF  LIVING  OF  THE PARTIES ESTABLISHED DURING THE
MARRIAGE;

A. 9606--A                         10

  (L) THE REDUCED OR LOST EARNING CAPACITY OF THE PAYEE AS A  RESULT  OF
HAVING  FOREGONE  OR  DELAYED  EDUCATION, TRAINING, EMPLOYMENT OR CAREER
OPPORTUNITIES DURING THE MARRIAGE;
  (M) THE EQUITABLE DISTRIBUTION OF MARITAL PROPERTY;
  (N)  THE  CONTRIBUTIONS AND SERVICES OF THE PAYEE AS A SPOUSE, PARENT,
WAGE EARNER AND HOMEMAKER AND TO THE CAREER OR CAREER POTENTIAL  OF  THE
OTHER PARTY;
  (O)  ACTUAL  RETIREMENT  OF  THE  PAYOR IF THE RETIREMENT RESULTS IN A
SUBSTANTIAL CHANGE IN FINANCIAL CIRCUMSTANCES; AND
  (P) ANY OTHER FACTOR WHICH THE COURT SHALL EXPRESSLY FIND TO  BE  JUST
AND PROPER.
  (2)  WHERE THE COURT FINDS THAT THE POST-DIVORCE MAINTENANCE GUIDELINE
OBLIGATION IS UNJUST OR INAPPROPRIATE AND THE COURT ADJUSTS THE POST-DI-
VORCE MAINTENANCE GUIDELINE OBLIGATION PURSUANT TO THIS  PARAGRAPH,  THE
COURT  SHALL  SET  FORTH, IN A WRITTEN DECISION, THE UNADJUSTED POST-DI-
VORCE MAINTENANCE GUIDELINE OBLIGATION, THE FACTORS IT  CONSIDERED,  AND
THE  REASONS  THAT THE COURT ADJUSTED THE POST-DIVORCE MAINTENANCE OBLI-
GATION. SUCH WRITTEN DECISION SHALL NOT BE WAIVED  BY  EITHER  PARTY  OR
COUNSEL.
  G. WHERE EITHER OR BOTH PARTIES ARE UNREPRESENTED, THE COURT SHALL NOT
ENTER  A  MAINTENANCE  ORDER  OR  JUDGMENT  UNLESS THE COURT INFORMS THE
UNREPRESENTED PARTY OR PARTIES OF THE POST-DIVORCE MAINTENANCE GUIDELINE
OBLIGATION.
  H. A VALIDLY EXECUTED AGREEMENT  OR  STIPULATION  VOLUNTARILY  ENTERED
INTO BETWEEN THE PARTIES IN AN ACTION COMMENCED AFTER THE EFFECTIVE DATE
OF  THE  CHAPTER OF THE LAWS OF TWO THOUSAND FOURTEEN WHICH AMENDED THIS
SUBDIVISION PRESENTED TO THE COURT FOR  INCORPORATION  IN  AN  ORDER  OR
JUDGMENT  SHALL  INCLUDE  A PROVISION STATING THAT THE PARTIES HAVE BEEN
ADVISED OF THE PROVISIONS OF THIS SUBDIVISION, AND THAT THE POST-DIVORCE
MAINTENANCE GUIDELINE OBLIGATION PROVIDED FOR THEREIN WOULD PRESUMPTIVE-
LY RESULT IN THE CORRECT AMOUNT  OF  POST-DIVORCE  MAINTENANCE.  IN  THE
EVENT  THAT SUCH AGREEMENT OR STIPULATION DEVIATES FROM THE POST-DIVORCE
MAINTENANCE GUIDELINE OBLIGATION,  THE  AGREEMENT  OR  STIPULATION  MUST
SPECIFY  THE  AMOUNT  THAT SUCH POST-DIVORCE MAINTENANCE GUIDELINE OBLI-
GATION WOULD HAVE BEEN AND THE REASON OR REASONS THAT SUCH AGREEMENT  OR
STIPULATION  DOES NOT PROVIDE FOR PAYMENT OF THAT AMOUNT. SUCH PROVISION
MAY NOT BE WAIVED BY EITHER PARTY OR COUNSEL.  NOTHING CONTAINED IN THIS
SUBDIVISION SHALL BE CONSTRUED TO ALTER THE RIGHTS  OF  THE  PARTIES  TO
VOLUNTARILY ENTER INTO VALIDLY EXECUTED AGREEMENTS OR STIPULATIONS WHICH
DEVIATE  FROM THE POST-DIVORCE MAINTENANCE GUIDELINE OBLIGATION PROVIDED
SUCH AGREEMENTS OR STIPULATIONS  COMPLY  WITH  THE  PROVISIONS  OF  THIS
SUBDIVISION.  ANY COURT ORDER INCORPORATING A VALIDLY EXECUTED AGREEMENT
OR STIPULATION WHICH DEVIATES FROM THE POST-DIVORCE  MAINTENANCE  GUIDE-
LINE OBLIGATION SHALL SET FORTH THE COURT'S REASONS FOR SUCH DEVIATION.
  I.  WHEN A PARTY HAS DEFAULTED AND/OR THE COURT IS OTHERWISE PRESENTED
WITH INSUFFICIENT EVIDENCE TO DETERMINE INCOME, THE  COURT  SHALL  ORDER
THE  POST-DIVORCE  MAINTENANCE  BASED UPON THE NEEDS OF THE PAYEE OR THE
STANDARD OF LIVING OF THE PARTIES PRIOR TO COMMENCEMENT OF  THE  DIVORCE
ACTION,  WHICHEVER  IS GREATER. SUCH ORDER MAY BE RETROACTIVELY MODIFIED
UPWARD WITHOUT A SHOWING OF CHANGE IN CIRCUMSTANCES UPON  A  SHOWING  OF
NEWLY DISCOVERED OR OBTAINED EVIDENCE.
  J. POST-DIVORCE MAINTENANCE MAY BE MODIFIED PURSUANT TO PARAGRAPH B OF
SUBDIVISION NINE OF THIS PART.
  K. IN ANY ACTION OR PROCEEDING FOR MODIFICATION OF AN ORDER OF MAINTE-
NANCE  OR ALIMONY EXISTING PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF
THE LAWS OF  TWO  THOUSAND  FOURTEEN  WHICH  AMENDED  THIS  SUBDIVISION,

A. 9606--A                         11

BROUGHT  PURSUANT TO THIS ARTICLE, THE GUIDELINES FOR POST-DIVORCE MAIN-
TENANCE SET FORTH IN THIS SUBDIVISION SHALL NOT CONSTITUTE A  CHANGE  OF
CIRCUMSTANCES WARRANTING MODIFICATION OF SUCH SUPPORT ORDER.
  L. IN ANY ACTION OR PROCEEDING FOR MODIFICATION OF AN ORDER OF MAINTE-
NANCE  OR ALIMONY EXISTING PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF
THE LAWS OF  TWO  THOUSAND  FOURTEEN  WHICH  AMENDED  THIS  SUBDIVISION,
BROUGHT  PURSUANT TO THIS ARTICLE, THE GUIDELINES FOR POST-DIVORCE MAIN-
TENANCE SET FORTH IN PARAGRAPHS C, D AND E  OF  THIS  SUBDIVISION  SHALL
APPLY.
  M.  IN ANY DECISION MADE PURSUANT TO THIS SUBDIVISION THE COURT SHALL,
WHERE APPROPRIATE, CONSIDER THE EFFECT OF A BARRIER  TO  REMARRIAGE,  AS
DEFINED  IN  SUBDIVISION  SIX OF SECTION TWO HUNDRED FIFTY-THREE OF THIS
ARTICLE, ON THE FACTORS ENUMERATED IN PARAGRAPH F OF THIS SUBDIVISION.
  S 3. Subparagraph 1 of paragraph b of  subdivision  9  of  part  B  of
section  236 of the domestic relations law, as amended by chapter 182 of
the laws of 2010, is amended to read as follows:
  (1) Upon application by either party, the court may  annul  or  modify
any  prior  order  or  judgment as to maintenance, upon a showing of the
[recipient's] PAYEE'S inability to be self-supporting [or a  substantial
change  in  circumstance  or],  THE termination of child support awarded
pursuant to section two hundred forty of this article, OR A  SUBSTANTIAL
CHANGE  IN  CIRCUMSTANCE including financial hardship AND ACTUAL RETIRE-
MENT OF THE PAYOR IF THE RETIREMENT RESULTS IN A SUBSTANTIAL  CHANGE  IN
FINANCIAL CIRCUMSTANCES. Where, after the effective date of this part, a
separation  agreement  remains in force no modification of a prior order
or judgment incorporating the terms of said agreement shall be  made  as
to maintenance without a showing of extreme hardship on either party, in
which  event the judgment or order as modified shall supersede the terms
of the prior agreement and judgment for such period of  time  and  under
such  circumstances  as the court determines. The court shall not reduce
or annul any arrears of maintenance which have  been  reduced  to  final
judgment  pursuant to section two hundred forty-four of this article. No
other arrears of maintenance which have accrued prior to the  making  of
such  application  shall  be subject to modification or annulment unless
the defaulting party shows good cause for failure  to  make  application
for  relief  from  the judgment or order directing such payment prior to
the accrual of such arrears and the facts and circumstances constituting
good cause are set forth in  a  written  memorandum  of  decision.  Such
modification  may  increase  maintenance nunc pro tunc as of the date of
application based on newly discovered evidence. Any  retroactive  amount
of  maintenance due shall, except as provided for herein, be paid in one
sum or periodic sums, as the court  directs,  taking  into  account  any
temporary  or  partial  payments which have been made. The provisions of
this subdivision shall not apply to a separation agreement made prior to
the effective date of this part.
  S 4. Section 412 of the family court act, as amended by chapter 281 of
the laws of 1980, is amended to read as follows:
  S 412. Married person's duty to support spouse. 1. A married person is
chargeable with the support of his or her spouse and, [if  possessed  of
sufficient  means or able to earn such means, may be required to pay for
his or her support a fair and reasonable sum, as the  court  may  deter-
mine, having due regard to the circumstances of the respective parties.]
EXCEPT  WHERE  THE  PARTIES  HAVE  ENTERED INTO AN AGREEMENT PURSUANT TO
SECTION FOUR HUNDRED TWENTY-FIVE OF THIS ARTICLE PROVIDING FOR  SUPPORT,
THE  COURT  SHALL  MAKE  ITS  AWARD  FOR SPOUSAL SUPPORT PURSUANT TO THE
PROVISIONS OF THIS PART.

A. 9606--A                         12

  2. FOR PURPOSES OF THIS SECTION, THE FOLLOWING  DEFINITIONS  SHALL  BE
USED:
  (A) "PAYOR" SHALL MEAN THE SPOUSE WITH THE HIGHER INCOME.
  (B) "PAYEE" SHALL MEAN THE SPOUSE WITH THE LOWER INCOME.
  (C)  "INCOME" SHALL MEAN INCOME AS DEFINED IN THE CHILD SUPPORT STAND-
ARDS ACT AND CODIFIED IN SECTION  TWO  HUNDRED  FORTY  OF  THE  DOMESTIC
RELATIONS LAW AND SECTION FOUR HUNDRED THIRTEEN OF THIS PART.
  (D)  "INCOME  CAP" SHALL MEAN UP TO AND INCLUDING TWO HUNDRED THOUSAND
DOLLARS OF THE PAYOR'S ANNUAL INCOME; PROVIDED, HOWEVER, BEGINNING JANU-
ARY THIRTY-FIRST, TWO THOUSAND SIXTEEN AND EVERY TWO  YEARS  THEREAFTER,
THE  INCOME  CAP  AMOUNT SHALL INCREASE BY THE SUM OF THE AVERAGE ANNUAL
PERCENTAGE CHANGES IN THE CONSUMER PRICE INDEX FOR ALL  URBAN  CONSUMERS
(CPI-U)  AS PUBLISHED BY THE UNITED STATES DEPARTMENT OF LABOR BUREAU OF
LABOR STATISTICS FOR THE PRIOR  TWO  YEARS  MULTIPLIED  BY  THE  CURRENT
PAYOR'S  ANNUAL  INCOME AMOUNT AND THEN ROUNDED TO THE NEAREST ONE THOU-
SAND DOLLARS. THE OFFICE OF COURT  ADMINISTRATION  SHALL  DETERMINE  AND
PUBLISH THE INCOME CAP.
  (E)  "GUIDELINE  AMOUNT OF SPOUSAL SUPPORT" SHALL MEAN THE SUM DERIVED
BY THE APPLICATION OF SUBDIVISION THREE OR FOUR OF THIS SECTION.
  (F) "SELF-SUPPORT RESERVE" SHALL  MEAN  THE  SELF-SUPPORT  RESERVE  AS
DEFINED  IN  THE CHILD SUPPORT STANDARDS ACT AND CODIFIED IN SECTION TWO
HUNDRED FORTY OF THE DOMESTIC RELATIONS LAW  AND  SECTION  FOUR  HUNDRED
THIRTEEN OF THIS PART.
  3.  WHERE THE PAYOR'S INCOME IS LOWER THAN OR EQUAL TO THE INCOME CAP,
THE COURT SHALL DETERMINE THE GUIDELINE AMOUNT  OF  SPOUSAL  SUPPORT  AS
FOLLOWS:
  (A) THE COURT SHALL SUBTRACT TWENTY PERCENT OF THE PAYEE'S INCOME FROM
THIRTY PERCENT OF THE PAYOR'S INCOME.
  (B)  THE  COURT  SHALL THEN MULTIPLY THE SUM OF THE PAYOR'S INCOME AND
THE PAYEE'S INCOME BY FORTY PERCENT.
  (C) THE COURT SHALL  SUBTRACT  THE  PAYEE'S  INCOME  FROM  THE  AMOUNT
DERIVED FROM PARAGRAPH (B) OF THIS SUBDIVISION.
  (D)  THE  COURT  SHALL DETERMINE THE LOWER OF AMOUNTS DERIVED BY PARA-
GRAPHS (A) AND (C) OF THIS SUBDIVISION.
  (E) THE GUIDELINE AMOUNT OF SPOUSAL SUPPORT SHALL BE THE AMOUNT DETER-
MINED BY PARAGRAPH (D) OF THIS SUBDIVISION EXCEPT THAT,  IF  THE  AMOUNT
DETERMINED BY PARAGRAPH (D) OF THIS SUBDIVISION IS LESS THAN OR EQUAL TO
ZERO, THE GUIDELINE AMOUNT OF SPOUSAL SUPPORT SHALL BE ZERO DOLLARS.
  4.  WHERE  THE  PAYOR'S INCOME EXCEEDS THE INCOME CAP, THE COURT SHALL
DETERMINE THE GUIDELINE AMOUNT OF SPOUSAL SUPPORT AS FOLLOWS:
  (A) THE COURT SHALL PERFORM THE CALCULATIONS SET FORTH  IN  PARAGRAPHS
(A)  THROUGH  (D)  OF  SUBDIVISION  THREE  OF THIS SECTION FOR THE TOTAL
INCOMES OF PAYOR AND PAYEE.
  (B) THE COURT SHALL PERFORM THE CALCULATIONS SET FORTH  IN  PARAGRAPHS
(A)  THROUGH  (D) OF SUBDIVISION THREE OF THIS SECTION FOR THE INCOME OF
PAYOR UP TO AND INCLUDING THE INCOME CAP AND FOR THE INCOME OF PAYEE.
  (C) THE GUIDELINE AMOUNT OF SPOUSAL SUPPORT SHALL BE EITHER:
  (1) THE CALCULATION DERIVED FROM PARAGRAPH (A) OF THIS SUBDIVISION; OR
  (2) THE AMOUNT DERIVED FROM PARAGRAPH (B) OF THIS SUBDIVISION PLUS  AN
AMOUNT  THAT  THE  COURT SHALL DETERMINE BY CONSIDERATION OF THE FACTORS
SET FORTH IN PARAGRAPH (A) OF SUBDIVISION SIX OF THIS SECTION.
  (D) IN ANY DECISION MADE PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH (C)
OF THIS SUBDIVISION, THE COURT SHALL SET FORTH THE FACTORS IT CONSIDERED
AND THE REASONS FOR ITS DECISION IN WRITING. SUCH WRITTEN  DECISION  MAY
NOT BE WAIVED BY EITHER PARTY OR COUNSEL.

A. 9606--A                         13

  5. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, WHERE THE GUIDELINE
AMOUNT  OF  SPOUSAL  SUPPORT  WOULD  REDUCE THE PAYOR'S INCOME BELOW THE
SELF-SUPPORT RESERVE FOR A SINGLE PERSON, THE GUIDELINE AMOUNT OF SPOUS-
AL SUPPORT SHALL BE THE DIFFERENCE BETWEEN THE PAYOR'S  INCOME  AND  THE
SELF-SUPPORT  RESERVE.  IF  THE PAYOR'S INCOME IS BELOW THE SELF-SUPPORT
RESERVE, THERE IS A REBUTTABLE PRESUMPTION THAT NO  SPOUSAL  SUPPORT  IS
AWARDED.
  6.  (A)  THE COURT SHALL ORDER THE GUIDELINE AMOUNT OF SPOUSAL SUPPORT
IN ACCORDANCE WITH SUBDIVISIONS THREE AND FOUR OF THIS  SECTION,  UNLESS
THE  COURT  FINDS THAT THE GUIDELINE AMOUNT OF SPOUSAL SUPPORT IS UNJUST
OR INAPPROPRIATE, WHICH FINDING SHALL BE BASED UPON CONSIDERATION OF THE
FOLLOWING FACTORS, AND ADJUSTS THE GUIDELINE AMOUNT OF  SPOUSAL  SUPPORT
ACCORDINGLY BASED UPON CONSIDERATION:
  (1) THE AGE AND HEALTH OF THE PARTIES;
  (2)  THE  PRESENT OR FUTURE EARNING CAPACITY OF THE PARTIES, INCLUDING
THE HISTORY OF LIMITED PARTICIPATION IN THE WORKFORCE;
  (3) THE NEED OF ONE PARTY TO INCUR EDUCATION OR TRAINING EXPENSES;
  (4) THE WASTEFUL DISSIPATION OF MARITAL PROPERTY, INCLUDING  TRANSFERS
OR  ENCUMBRANCES  MADE  IN CONTEMPLATION OF A SUPPORT PROCEEDING WITHOUT
FAIR CONSIDERATION;
  (5) THE EXISTENCE AND DURATION OF A PRE-MARITAL JOINT HOUSEHOLD  OR  A
PRE-SUPPORT PROCEEDINGS SEPARATE HOUSEHOLD;
  (6)  ACTS BY ONE PARTY AGAINST ANOTHER THAT HAVE INHIBITED OR CONTINUE
TO INHIBIT A PARTY'S EARNING CAPACITY OR ABILITY  TO  OBTAIN  MEANINGFUL
EMPLOYMENT.    SUCH ACTS INCLUDE BUT ARE NOT LIMITED TO ACTS OF DOMESTIC
VIOLENCE AS PROVIDED IN SECTION FOUR HUNDRED FIFTY-NINE-A OF THE  SOCIAL
SERVICES LAW;
  (7) THE AVAILABILITY AND COST OF MEDICAL INSURANCE FOR THE PARTIES;
  (8)  THE  CARE OF CHILDREN OR STEPCHILDREN, DISABLED ADULT CHILDREN OR
STEPCHILDREN, ELDERLY PARENTS OR IN-LAWS PROVIDED  DURING  THE  MARRIAGE
THAT INHIBITS A PARTY'S EARNING CAPACITY;
  (9)  THE NEED TO PAY FOR EXCEPTIONAL ADDITIONAL EXPENSES FOR THE CHILD
OR CHILDREN NOT ALREADY CONSIDERED IN DETERMINING CHILD SUPPORT PURSUANT
TO THE CHILD SUPPORT STANDARDS  ACT,  INCLUDING,  BUT  NOT  LIMITED  TO,
SCHOOLING, DAY CARE AND MEDICAL TREATMENT;
  (10) THE TAX CONSEQUENCES TO EACH PARTY;
  (11)  THE  STANDARD  OF  LIVING  OF THE PARTIES ESTABLISHED DURING THE
MARRIAGE;
  (12) THE REDUCED OR LOST EARNING CAPACITY OF THE PAYEE AS A RESULT  OF
HAVING  FOREGONE  OR  DELAYED  EDUCATION, TRAINING, EMPLOYMENT OR CAREER
OPPORTUNITIES DURING THE MARRIAGE;
  (13) THE CONTRIBUTIONS AND SERVICES OF THE PAYEE AS A SPOUSE,  PARENT,
WAGE  EARNER  AND HOMEMAKER AND TO THE CAREER OR CAREER POTENTIAL OF THE
OTHER PARTY; AND
  (14) ANY OTHER FACTOR WHICH THE COURT SHALL EXPRESSLY FIND TO BE  JUST
AND PROPER.
  (B) WHERE THE COURT FINDS THAT THE GUIDELINE AMOUNT OF SPOUSAL SUPPORT
IS UNJUST OR INAPPROPRIATE AND THE COURT ADJUSTS THE GUIDELINE AMOUNT OF
SPOUSAL SUPPORT PURSUANT TO THIS SUBDIVISION, THE COURT SHALL SET FORTH,
IN  A  WRITTEN  DECISION,  THE  GUIDELINE AMOUNT OF SPOUSAL SUPPORT, THE
FACTORS IT CONSIDERED, AND THE  REASONS  THAT  THE  COURT  ADJUSTED  THE
GUIDELINE  AMOUNT OF SPOUSAL SUPPORT. SUCH WRITTEN DECISION SHALL NOT BE
WAIVED BY EITHER PARTY OR COUNSEL.
  (C) WHERE EITHER OR BOTH PARTIES ARE UNREPRESENTED,  THE  COURT  SHALL
NOT  ENTER A SPOUSAL SUPPORT ORDER UNLESS THE COURT INFORMS THE UNREPRE-
SENTED PARTY OR PARTIES OF THE GUIDELINE AMOUNT OF SPOUSAL SUPPORT.

A. 9606--A                         14

  7. WHEN A PARTY HAS DEFAULTED AND/OR THE COURT IS OTHERWISE  PRESENTED
WITH  INSUFFICIENT  EVIDENCE  TO DETERMINE INCOME, THE COURT SHALL ORDER
THE SPOUSAL SUPPORT AWARD BASED UPON THE NEEDS OF THE PAYEE OR THE STAN-
DARD OF LIVING OF THE PARTIES  PRIOR  TO  COMMENCEMENT  OF  THE  SPOUSAL
SUPPORT  PROCEEDING,  WHICHEVER IS GREATER.   SUCH ORDER MAY BE RETROAC-
TIVELY MODIFIED UPWARD WITHOUT A SHOWING OF CHANGE IN CIRCUMSTANCES UPON
A SHOWING OF NEWLY DISCOVERED OR OBTAINED EVIDENCE.
  8. IN ANY ACTION OR PROCEEDING FOR MODIFICATION OF AN ORDER OF SPOUSAL
SUPPORT EXISTING PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF THE  LAWS
OF TWO THOUSAND FOURTEEN WHICH AMENDED THIS SECTION, BROUGHT PURSUANT TO
THIS  ARTICLE,  THE SPOUSAL SUPPORT GUIDELINES SET FORTH IN THIS SECTION
SHALL NOT CONSTITUTE A CHANGE OF CIRCUMSTANCES  WARRANTING  MODIFICATION
OF SUCH SPOUSAL SUPPORT ORDER.
  S  5.  Paragraph  a  of  subdivision 1 of part B of section 236 of the
domestic relations law, as amended by chapter 371 of the laws  of  2010,
is amended to read as follows:
  a.  The term "maintenance" shall mean payments provided for in a valid
agreement between the parties or awarded by the court in accordance with
the provisions of subdivisions five-a and six of this part, to  be  paid
at  fixed  intervals for a definite or indefinite period of time, but an
award of maintenance shall terminate upon the death of either  party  or
upon  the  [recipient's]  PAYEE'S  valid  or  invalid  marriage, or upon
modification pursuant to paragraph (b) of subdivision nine  of  [section
two  hundred thirty-six of] this part or section two hundred forty-eight
of this chapter.
  S 6. Subparagraph 7 of paragraph d of  subdivision  5  of  part  B  of
section  236 of the domestic relations law, as amended by chapter 281 of
the laws of 1980 and as renumbered by chapter 229 of the laws  of  2009,
is amended to read as follows:
  (7)  any  equitable  claim  to,  interest  in,  or  direct or indirect
contribution made to the acquisition of such  marital  property  by  the
party  not  having  title,  including  joint efforts or expenditures and
contributions and services as a spouse, parent, wage earner and homemak-
er, and to the career or career potential of the other party. THE  COURT
SHALL NOT CONSIDER AS MARITAL PROPERTY SUBJECT TO DISTRIBUTION THE VALUE
OF  A SPOUSE'S ENHANCED EARNING CAPACITY ARISING FROM A LICENSE, DEGREE,
CELEBRITY GOODWILL, OR CAREER ENHANCEMENT. HOWEVER, IN  ARRIVING  AT  AN
EQUITABLE  DIVISION  OF  MARITAL  PROPERTY, THE COURT SHALL CONSIDER THE
DIRECT OR INDIRECT CONTRIBUTIONS TO THE DEVELOPMENT DURING THE  MARRIAGE
OF THE ENHANCED EARNING CAPACITY OF THE OTHER SPOUSE;
  S  7. Section 248 of the domestic relations law, as amended by chapter
604 of the laws of 1975, is amended to read as follows:
  S 248. Modification of judgment or order  in  action  for  divorce  or
annulment.  Where an action for divorce or for annulment or for a decla-
ration of the nullity of a void marriage is  brought  by  a  husband  or
wife,  and a final judgment of divorce or a final judgment annulling the
marriage or declaring its nullity has been rendered, the court, by order
upon the application of the [husband] PAYOR on notice, and on  proof  of
the  marriage of the [wife] PAYEE after such final judgment, must modify
such final judgment and any orders made with respect thereto by  annull-
ing the provisions of such final judgment or orders, or of both, direct-
ing payments of money for the support of the [wife] PAYEE.  The court in
its  discretion  upon application of the [husband] PAYOR on notice, upon
proof that the [wife] PAYEE is  habitually  living  with  another  [man]
PERSON  and  holding  HIMSELF OR herself out as [his wife] THE SPOUSE OF
SUCH OTHER PERSON, although not married to such [man] OTHER PERSON,  may

A. 9606--A                         15

modify  such  final judgment and any orders made with respect thereto by
annulling the provisions of such final judgment or orders  or  of  both,
directing payment of money for the support of such [wife] PAYEE.
  S  8.  This  act  shall take effect on the sixtieth day after it shall
have become a law.