NY A02580

Establishes "no-fault" divorce ground based on irretrievable breakdown of marriage lasting at least six months when one party swears under oath, though all economic issues must be resolved before divorce is granted.

Creates guidelines for temporary maintenance awards using income-based formulas: 30% of payor's income (up to $500,000 cap) minus 20% of payee's income, or 40% of combined income minus payee's income, whichever is lower.

Sets income cap at $500,000 annually, adjusting every two years based on Consumer Price Index, with courts considering 19 additional factors for income exceeding the cap.

Replaces prior maintenance law by establishing presumptive temporary maintenance awards that courts may only adjust upon written findings that award is unjust or inappropriate.

Directs Law Revision Commission to review state maintenance laws and their economic consequences on divorced parties, with preliminary report due within 9 months and final report by December 31, 2011.

Establishes rebuttable presumption that counsel fees and expert fees shall be awarded to the less-monied spouse in matrimonial actions, with affidavits required detailing financial agreements.