Alimony Lawyer Bronx County

Many Bronx County spouses use the word “alimony” when asking about spousal support during or after a divorce, though New York’s Domestic Relations Law refers to the concept as “maintenance.” Whichever term a client uses, the underlying question is usually the same: whether one spouse will pay the other support during the divorce, after judgment, or both, and how a court or the parties will calculate that amount. New York addresses this through two related sets of guidelines within DRL §236(B): temporary maintenance under DRL §236(B)(5-a), which applies while a divorce is pending, and post-divorce maintenance under DRL §236(B)(6), which applies once judgment is entered. Both provisions use a statutory income-shares formula built around defined terms for “payor” and “payee,” and both apply that formula up to an income cap. Mr. Sris and the firm’s Of Counsel attorneys represent clients throughout Bronx County who are seeking maintenance, responding to a maintenance claim, or trying to understand how the guideline formulas are likely to apply to their income situation. The firm concentrates in New York matrimonial law and reviews each client’s income circumstances against the statutory formula before advising on strategy. The firm does not offer free consultations, and the intake line is staffed 24/7. To discuss a maintenance matter in Bronx County, call (888) 437-7747.

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What Alimony Means in Bronx County

DRL §236(B)(5-a) governs temporary maintenance, the support one spouse may receive while a divorce action is pending. The statute defines the higher-earning spouse as the “payor” and the lower-earning spouse as the “payee,” and it defines “income” by reference to the Child Support Standards Act. The formula applies to income up to a statutory “income cap.” The Domestic Relations Law states that base figure as $184,000 of the payor’s annual income, and it provides that beginning March 1, 2020, and every two years after that, the cap increases according to a formula tied to the average annual percentage change in the Consumer Price Index for all Urban Consumers over the prior two years, with the New York Office of Court Administration responsible for determining and publishing the resulting figure. The statute itself does not state the currently effective adjusted dollar amount; it states only the 2015-enacted base figure and the biennial adjustment mechanism.

DRL §236(B)(6) governs post-divorce maintenance using a parallel structure: the same payor/payee and income definitions, the same statutory base income cap and CPI-based biennial adjustment mechanism published by the Office of Court Administration, and a similar guideline formula for calculating the amount. Both provisions cap the payor’s obligation at a self-support reserve and allow a court to deviate from the guideline amount based on enumerated statutory factors, provided the court states its reasoning. Post-divorce maintenance under DRL §236(B)(6) also includes an advisory duration schedule tied to the length of the marriage, and the statute expressly preserves a court’s ability to award non-durational maintenance in an appropriate case. Because the guideline calculations depend on each spouse’s income and because the statutory cap adjusts periodically according to a formula the statute sets out but does not itself restate in current dollars, an accurate maintenance analysis in a Bronx County case starts with current income documentation and the most recently published guideline figures rather than assumptions based on the base numbers alone.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle These Cases

In a Bronx County maintenance matter, Mr. Sris and the firm’s Of Counsel attorneys begin by identifying each spouse’s income as the statute defines it, since the CSSA-based income definition incorporated into DRL §236(B)(5-a) and (6) reaches beyond base salary to include items such as investment income, deferred compensation, and other enumerated sources. The firm applies the statutory formula to that income picture to help the client understand where their situation likely falls relative to the guideline amount, while accounting for the income cap mechanism and the possibility that a court may consider additional maintenance on income above the cap under its discretionary factors.

The firm also evaluates whether any of the statutory deviation factors are likely to apply, such as the length of the marriage, the parties’ health and earning capacity, the effect of maintenance on child support, or the marital standard of living, and builds those considerations into the client’s overall strategy for either seeking or responding to a maintenance claim. For post-divorce maintenance specifically, the firm reviews how the advisory duration schedule under DRL §236(B)(6) might apply given the length of the marriage, while recognizing that the schedule is advisory rather than mandatory and that non-durational maintenance remains available in appropriate cases. Mr. Sris and the firm’s Of Counsel attorneys represent clients through negotiation and, where necessary, litigation of maintenance claims in the New York State trial courts in Bronx County, concentrating in New York matrimonial law throughout. The firm does not guarantee any specific maintenance award or outcome, since courts retain discretion under the statutory factors, and results depend on the facts of each case. Clients can call the firm’s 24/7 intake line to schedule a consultation about a maintenance matter.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., founded the firm in 1997 and is a former prosecutor admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background in accounting and information systems from George Mason University informs his approach to matrimonial matters involving income analysis and financial documentation, both of which are central to any maintenance calculation under DRL §236(B)(5-a) or (6). Mr. Sris practices in New York matrimonial law, including spousal maintenance matters.

Mr. Sris and the firm’s Of Counsel attorneys contract directly with the firm and concentrate in family law matters involving support and property issues. Together, they bring a combined focus to Bronx County maintenance cases: attention to the statutory income definitions and formulas, and experience applying the deviation factors courts may consider. The firm does not offer free consultations, and consultations are scheduled by appointment. Call (888) 437-7747, where intake is available 24/7, to schedule time to discuss an alimony or maintenance matter in Bronx County.

Frequently Asked Questions

Is “alimony” the correct legal term in New York?

New York’s Domestic Relations Law uses the term “maintenance” rather than “alimony.” DRL §236(B)(5-a) governs temporary maintenance during a pending divorce, and DRL §236(B)(6) governs post-divorce maintenance.

How is the maintenance income cap determined?

The statute sets a base figure of $184,000 and directs the Office of Court Administration to increase that figure every two years, beginning March 1, 2020, using a formula based on the Consumer Price Index for all Urban Consumers. The statute does not itself state the current adjusted dollar figure; OCA publishes it.

Can a court award maintenance above the income cap?

Yes. DRL §236(B)(5-a) and (6) both allow a court discretion to award additional maintenance on income above the statutory cap, guided by enumerated factors, in addition to the guideline amount calculated on income up to the cap.

Does post-divorce maintenance always last a set number of years?

Not necessarily. DRL §236(B)(6) provides an advisory schedule tying duration to a percentage of the marriage’s length, but the statute expressly preserves the court’s ability to award non-durational maintenance in an appropriate case.

What happens to maintenance if the payee remarries?

Under DRL §236(B)(1) and (6), maintenance terminates upon the death of either party or the payee’s remarriage, whether that remarriage is later found valid or invalid, or upon modification.

Can the guideline maintenance amount reduce the payor below a minimum income level?

No. Both DRL §236(B)(5-a) and (6) provide that the guideline amount cannot reduce the payor below a statutory self-support reserve, and there is a rebuttable presumption against any award where the payor’s income already falls below that reserve.

This page provides general information and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.

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