There is a couple that have been fighting in the mud for years, starting with their divorce case.
The marriage between Lee Boo-jin, president of Shilla Hotel, who received public attention for his ‘Cinderella Story for Men,’ and Lim Woo-jae, a former Samsung Electro-Mechanics advisor, ended in a catastrophe. The two have been fighting for years, starting with the divorce suit that Lee Bu-jin filed in 2014. This fight reached its peak in 2016 when Im Woo-jae claimed 1 trillion won in alimony and property division. However, contrary to the expectations of Im Woo-jae, the amount of alimony and property division decided by the court was only 8.6 billion won. It is a large amount that is unimaginable for ordinary people, but considering the amount of wealth of Mr. Lee, the amount of 8.6 billion is a clear victory for Mr. Lee. As such, alimony is one of the most acute conflicts between two spouses during a divorce. That’s why New York has a separate alimony law that provides guidelines for determining the amount of alimony. This law was amended in 2016, and the amended law applies to divorce cases filed after January 25, 2016. Therefore, in this time, through a Q&A, we will take a closer look at the basic information about alimony and the amended law that you need to know when getting a divorce in New York.
Q. Who can receive alimony?
First, let’s look at the meaning of alimony. Alimony is used with slightly different meanings in Korea and the United States. In Korea, alimony has a strong association with meaning as compensation for damages. In other words, if one of the spouses causes a divorce due to the negligence, alimony is paid as compensation for the mental and material damage caused to the other spouse as a result of the negligence. In New York, however, when determining alimony, the focus is more on the economic situation of each spouse than on the reasons attributable to the divorce. In other words, if one spouse needs financial help and the other spouse is able to provide financial help, they can claim alimony. This does not require that the spouse claiming alimony has an income of $0. Even if the spouse requesting alimony is working and has income, you may be entitled to alimony depending on the circumstances.
Can I get alimony while the divorce case is in progress?
Yes, it is possible. Consensus divorce in the United States is usually completed within a few months. However, the situation is different if an agreement cannot be reached between the spouses. In this case, the divorce proceeding may take up to 2-3 years depending on the circumstances. If a spouse has no income, he or she may not be able to maintain a normal economic life for a long time. To prepare for this situation, New York has a temporary maintenance system. Temporary living expenses are when one spouse receives financial assistance from the other during the divorce proceedings. However, temporary living expenses are not automatically provided. Therefore, a spouse who needs temporary living expenses must go through formal procedures and obtain a judgment from the court.
How is the amount of alimony or temporary living expenses calculated?
It would be perfect if both spouses could amicably agree on the amount of alimony, however there are laws and rules prepared for such an uncooperating circumstances. There are two methods proposed by the Amendment Act. The first method applies if the spouse paying the alimony also has to pay child support. In this case, 20% of the income of the spouse paying alimony is subtracted from 25% of the income of the spouse receiving alimony, and this amount is compared to 40% of the income of both spouses combined. And the lesser of the two is measured as alimony.
The second method applies if the spouse paying the alimony is not liable for child support. In this case, 30% of the income of the spouse paying alimony is subtracted from 20% of the income of the spouse receiving alimony, and this amount is compared to 40% of the income of both spouses combined. And as in the first method, the lesser of the two is measured as alimony.
Let’s take an example. Kim and Choi, who were married, decided to divorce. Choi, who had relatively little fixed income, demanded alimony from Kim. Kim’s annual income was $100,000 and Choi’s one year income was $40,000. Since the couple had no children, let’s use the second method to calculate alimony. 30% ($30,000) of Mr. Kim’s annual income minus 20% ($8,000) of Mr. Choi’s annual income is $22,000. 40% ($140,000 x 0.4) of Kim and Choi’s combined income is $56,000. In this case, the lesser of the two amounts, $22,000 (about $1,833 per month), will be counted as alimony.
Temporary living expenses are also measured in the same way. One thing to note is that when using this method to measure alimony or temporary living expenses, the upper limit of your spouse’s income is $175,000. In other words, if your spouse’s income for alimony or temporary living expenses is more than $175,000, it counts as $175,000, regardless of the amount.
How long can I receive alimony?
As with the amount of alimony, the Amendment also proposes a formula for calculating the length of time alimony is received in case the two spouses cannot reach an amicable settlement. If both spouses have been married for 0 – 15 years, the alimony period is measured at 15% to 30% of the marriage. If the marriage has lasted 15 to 20 years, the alimony period is measured at 30% – 40% of the length of the marriage, and if the marriage has been maintained for more than 20 years, the alimony period is measured at 35% – 50% of the length of the marriage.
It should be borne in mind that the formulas proposed in the Amendment Act serve as guidelines, not absolute standards. Depending on the circumstances and circumstances, the court may make a ruling that differs from the formula provided by the Amendment. And beyond what we’ve covered here, there’s a lot more you need to know to protect your rights when you get divorced in New York. For this reason, we recommend that anyone considering divorce be sure to consult with an experienced divorce attorney who is adept in conciliation and has experience.
If you have additional questions about the contents of the column, or if there is a law that readers would like to know, please do not hesitate to contact us at mail@songlawfirm.com.