Indefinite Alimony Lawyer Bronx County

Some Bronx County spouses, particularly after a long marriage, want to know whether spousal support can continue indefinitely rather than end after a fixed number of years, and New York law does leave room for that outcome even though most maintenance awards follow a duration schedule. DRL §236(B)(6) governs post-divorce maintenance and includes an advisory schedule tying the length of a maintenance award to a percentage of the marriage’s duration, but the statute expressly preserves a court’s ability to award non-durational, or indefinite, maintenance in an appropriate case. Understanding when that possibility is realistic requires looking closely at how the statute treats duration alongside amount. Mr. Sris and the firm’s Of Counsel attorneys represent Bronx County clients seeking or defending against a request for indefinite maintenance, working through the statutory duration framework and the underlying facts that might support departing from the advisory schedule. The firm concentrates in New York matrimonial law and does not treat the advisory schedule as automatic in either direction. The firm does not offer free consultations, and the intake line is staffed 24/7. To discuss indefinite alimony in a Bronx County divorce, call (888) 437-7747.

On this page

What Indefinite Alimony Means in Bronx County

DRL §236(B)(6) sets out New York’s post-divorce maintenance framework, applying the same payor/payee and income definitions used for temporary maintenance and calculating a guideline amount using an income-shares formula up to a statutory income cap. Separately from the amount calculation, the statute provides an advisory schedule for duration: for a marriage of up to fifteen years, the court may set maintenance for fifteen to thirty percent of the marriage’s length; for a marriage of more than fifteen up to twenty years, thirty to forty percent; and for a marriage of more than twenty years, thirty-five to fifty percent. The statute uses the word “may” in describing this schedule, meaning it is advisory rather than mandatory, and it expressly preserves the court’s ability to award non-durational maintenance in an appropriate case notwithstanding the schedule.

In deciding whether a marriage’s facts support departing from the advisory schedule toward indefinite maintenance, DRL §236(B)(6) directs the court to consider the same enumerated factors used to set the amount of maintenance, including the length of the marriage, the age and health of the parties, each party’s earning capacity, the marital standard of living, and the payee’s contributions as a spouse, parent, wage earner, and homemaker, along with contributions to the payor’s career or career potential. The statute also directs the court to consider anticipated retirement assets, benefits, and eligibility age, and it treats a payor’s actual retirement, with a substantial reduction in income, as a basis for modification. Because indefinite maintenance is the exception the statute preserves rather than the rule the schedule sets, a Bronx County client seeking or opposing this outcome needs a developed factual record addressing these statutory factors, not simply a reference to the length of the marriage alone.

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

When a Bronx County client raises the possibility of indefinite maintenance, Mr. Sris and the firm’s Of Counsel attorneys start with the advisory duration schedule under DRL §236(B)(6) as a baseline, then evaluate which of the statute’s enumerated factors might support departing from that baseline given the specific marriage at issue. This includes examining the length of the marriage, each spouse’s health and earning capacity, the marital standard of living, and the contributions each spouse made during the marriage, since these are the same factors the statute directs the court to weigh in setting both amount and duration.

The firm represents clients seeking indefinite maintenance and clients opposing such a request, building the case around the statutory factors most favorable to the client’s position and presenting that record to the New York State trial courts in Bronx County through negotiation or, where necessary, litigation. Because the statute also allows for modification based on a payor’s actual retirement and substantial income reduction, the firm considers how an indefinite award might be affected by future circumstances when advising clients on strategy. Mr. Sris and the firm’s Of Counsel attorneys concentrate in New York matrimonial law and bring that focus to maintenance duration disputes specifically. The firm does not guarantee that any request for indefinite maintenance will succeed or be denied, since the statute leaves this determination to the court’s discretion based on the enumerated factors. Clients can call the firm’s 24/7 intake line to schedule a consultation about indefinite alimony in Bronx County.

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 supports the financial analysis that a maintenance duration dispute often requires, including projections involving retirement assets and long-term income. Mr. Sris practices in New York matrimonial law, including maintenance duration matters under DRL §236(B)(6).

Mr. Sris and the firm’s Of Counsel attorneys contract directly with the firm and concentrate in family law matters involving spousal support. Together, they bring a combined focus to Bronx County indefinite maintenance cases: disciplined application of the statutory duration factors and attention to how those factors apply to long-term marriages specifically. 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 a consultation about indefinite alimony in Bronx County.

Frequently Asked Questions

Can maintenance last indefinitely in New York?

Yes, in an appropriate case. DRL §236(B)(6) provides an advisory duration schedule tied to the length of the marriage, but the statute expressly preserves the court’s ability to award non-durational maintenance notwithstanding that schedule.

What is the advisory duration schedule for maintenance?

For a marriage of up to fifteen years, the schedule suggests fifteen to thirty percent of the marriage’s length; for more than fifteen up to twenty years, thirty to forty percent; and for more than twenty years, thirty-five to fifty percent. The schedule is advisory, not mandatory.

Does a long marriage automatically result in indefinite maintenance?

No. The length of the marriage is one of several statutory factors the court considers, alongside age, health, earning capacity, standard of living, and contributions during the marriage, in deciding whether to depart from the advisory schedule.

Can indefinite maintenance be changed later?

DRL §236(B)(6) directs the court to consider anticipated retirement in setting maintenance and treats a payor’s actual retirement with a substantial income reduction as a basis for modification of an existing award.

What factors does a court weigh in deciding maintenance duration?

The same enumerated factors used to set the amount, including age and health, earning capacity, the marital standard of living, and the payee’s contributions as spouse, parent, wage earner, and homemaker, also inform the court’s duration decision under DRL §236(B)(6).

Where are maintenance duration disputes decided for Bronx County residents?

Maintenance duration disputes for Bronx County residents are decided in the New York State trial courts in Bronx County as part of the overall matrimonial action.

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.

Attorney Advertising. Law Offices Of SRIS, P.C., principal office: 4008 Williamsburg Court, Fairfax, VA 22032. By appointment. Call (888) 437-7747 to schedule.

Attorney advertising. Prior results do not guarantee a similar outcome.