Indefinite Alimony Lawyer Brooklyn

Some Brooklyn spouses, particularly after a long marriage, want to know whether maintenance can continue indefinitely rather than end after a fixed number of years. New York law addresses this question directly within its post-divorce maintenance statute, which includes an advisory duration schedule while still preserving a court’s ability to order maintenance without a fixed end date in an appropriate case. Law Offices Of SRIS, P.C. represents Brooklyn clients seeking non-durational maintenance and clients defending against a request for maintenance that could extend well beyond a typical fixed term.

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is individually admitted to practice law in New York, Virginia, Maryland, the District of Columbia, and New Jersey, and the firm’s Of Counsel attorneys assist Brooklyn clients with indefinite maintenance matters alongside him. Because a court’s decision to depart from the advisory schedule depends on a detailed factual record, the firm works with clients to develop that record early in the case. The firm does not offer free consultations; a consultation can be scheduled by calling the firm. The firm’s intake line is staffed 24/7 at (888) 437-7747.

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What Indefinite Alimony Means in Brooklyn

N.Y. Dom. Rel. Law § 236(B)(6) governs post-divorce maintenance and includes an advisory duration schedule tied to the length of the marriage. For a marriage of up to fifteen years, the statute suggests maintenance payable for 15% to 30% of the marriage’s length. For a marriage of more than fifteen up to twenty years, the suggested range is 30% to 40%. For a marriage of more than twenty years, the suggested range is 35% to 50%. Critically, the statute describes this schedule using the word “may,” meaning the court is not required to apply it, and the statute expressly preserves the court’s ability to award non-durational, or indefinite, maintenance in an appropriate case notwithstanding the schedule.

Whether a court departs from the advisory schedule toward an indefinite award depends on the same statutory factors that govern the amount of maintenance, including the parties’ age and health, earning capacity, the marital standard of living, and the payee’s contributions as a spouse, parent, and wage earner, among others the statute enumerates. A court must consider these factors and state its reasoning when it sets duration, whether that decision follows the advisory schedule or departs from it toward a non-durational award.

Brooklyn spouses considering whether indefinite maintenance is realistic in their case should understand that the advisory schedule is a starting reference point, not a hard boundary, and that the same guideline formula used to calculate the amount of maintenance, subject to the statutory income cap, applies regardless of whether the award ultimately has a fixed duration or continues indefinitely.

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

When a Brooklyn client raises the possibility of indefinite maintenance, whether seeking it or defending against it, Mr. Sris and the firm’s Of Counsel attorneys begin by reviewing the marriage’s length against the advisory duration bands in DRL § 236(B)(6) and evaluating the statutory factors that could support a departure from those bands toward, or away from, a non-durational award.

The firm develops the factual record the court will expect to see on these factors, including documentation of each spouse’s health, earning capacity, and contributions during the marriage, and the marital standard of living the parties established. Because the statute requires the court to state its reasoning when setting duration, the firm builds the case with that requirement in mind from the outset.

Mr. Sris and the firm’s Of Counsel attorneys negotiate toward a resolution that reflects the client’s position on duration where possible, and where the parties cannot agree, present the client’s case at a hearing in Kings County Supreme Court addressing both the guideline amount and the appropriate duration under the statutory factors.

Throughout the matter, the firm explains how the advisory schedule and the statute’s non-durational preservation apply to the client’s specific marriage, without promising that a court will order indefinite maintenance or, alternatively, will limit an award to the advisory schedule, since the ultimate duration depends on the court’s weighing of the statutory factors against the complete record.

Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris founded Law Offices Of SRIS, P.C. in 1997 and has served as Owner and Founder since. His background in accounting and information systems from George Mason University supports the firm’s approach to the financial analysis that maintenance duration disputes often require. He is individually admitted to practice law in Virginia, Maryland, the District of Columbia, New Jersey, and New York, which includes the Brooklyn maintenance matters the firm handles in Kings County Supreme Court.

The firm’s Of Counsel attorneys contract directly with Law Offices Of SRIS, P.C. and assist Mr. Sris on Brooklyn indefinite maintenance matters. The firm’s principal office is in Fairfax, Virginia, and Brooklyn clients are served by appointment. The firm does not offer free consultations; call (888) 437-7747 to schedule a consultation, and the intake line is staffed 24/7.

Frequently Asked Questions

Can a New York court order maintenance that never ends?

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

What does the advisory duration schedule suggest for a long marriage?

For a marriage of more than twenty years, the statute suggests maintenance payable for 35% to 50% of the marriage’s length, though this range is advisory, using the word “may,” rather than a mandatory limit.

Is the duration schedule mandatory, or can a court depart from it?

The schedule is advisory. The statute allows, but does not require, the court to determine duration in accordance with the schedule, and expressly preserves the court’s authority to order non-durational maintenance where the statutory factors support that result.

What factors decide whether maintenance will be indefinite rather than fixed-term?

The court considers the same statutory factors that govern the amount of maintenance, including age and health, earning capacity, the marital standard of living, and the payee’s contributions during the marriage, and must state its reasoning when setting duration.

Does the length of my marriage guarantee a certain maintenance duration?

No. While the advisory schedule references marriage length as a starting point, the statute does not guarantee any particular duration, and the court’s ultimate decision depends on its evaluation of the full statutory factors against the specific facts of the case.

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.