Alimony Lawyer in Manhattan (Spousal Maintenance)

New York courts use the term spousal maintenance rather than alimony, and two separate statutory provisions govern how it works in a Manhattan divorce. Domestic Relations Law §236(B)(5-a) governs temporary, or pendente lite, maintenance paid while a divorce is pending in New York County Supreme Court, while DRL §236(B)(6) governs post-divorce maintenance awarded once the judgment is entered. Both statutes identify a payor, the higher-earning spouse, and a payee, the lower-earning spouse, and both apply a guideline formula built from statutory percentages of the spouses’ incomes, comparing two calculations and applying the lower result. Both provisions also apply an income cap, which the statute sets as a base figure that increases every two years under a formula published by the Office of Court Administration, so the applicable dollar figure changes periodically rather than remaining fixed. A court can deviate from the guideline amount based on factors set out in the statute, provided it states its reasons in writing or on the record. Temporary maintenance ends no later than the entry of the divorce judgment, while post-divorce maintenance can end on remarriage, death, or modification, or in some cases continue on a non-durational basis. Mr. Sris and the firm’s Of Counsel attorneys assist Manhattan spouses in understanding how these two maintenance statutes apply to their case. To discuss a maintenance matter with the firm, call (888) 437-7747.

What Alimony (Spousal Maintenance) Means in Manhattan

New York does not use the term alimony in its statutes; the applicable term is spousal maintenance, governed by two related provisions of the Domestic Relations Law. DRL §236(B)(5-a) addresses temporary maintenance, sometimes called pendente lite maintenance, which a New York County Supreme Court judge can award while a divorce case is pending. The statute identifies the higher-earning spouse as the payor and the lower-earning spouse as the payee, and it directs the court to apply a guideline formula that compares two statutory calculations based on the spouses’ incomes and uses whichever result is lower. The guideline amount cannot reduce the payor’s income below a statutory floor called the self-support reserve. A court may deviate from the guideline figure, but only if it sets out its reasons for doing so in writing or on the record, considering factors the statute enumerates. Temporary maintenance under this section ends no later than when the divorce judgment is entered.

DRL §236(B)(6) governs post-divorce, or final, maintenance, using a formula structured similarly to the temporary maintenance calculation. The statute includes an advisory schedule that ties a suggested maintenance duration to the length of the marriage, but this schedule is guidance the court may use rather than a mandatory rule, and the statute expressly preserves the court’s authority to award non-durational, meaning lifetime, maintenance in an appropriate case. Post-divorce maintenance ends on the death of either party or the payee’s remarriage, or it may end through modification.

Both provisions apply an income cap set out as a base figure of $184,000, enacted in 2015, that increases every two years according to a formula tied to the Consumer Price Index and published administratively by the Office of Court Administration. Because the current adjusted figure changes periodically, a Manhattan spouse should confirm the applicable figure rather than relying on the original base amount.

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

Mr. Sris and the firm’s Of Counsel attorneys work with Manhattan clients on both stages of spousal maintenance: the temporary maintenance that may apply while a divorce is pending under DRL §236(B)(5-a), and the post-divorce maintenance that may follow the judgment under DRL §236(B)(6). Because the two statutes use related but distinct formulas, the attorneys review a client’s income, the other spouse’s income, and the length of the marriage to understand how the guideline calculations are likely to apply.

Because both statutes allow a court to deviate from the guideline amount when the court states its reasons in writing or on the record, Mr. Sris and the firm’s Of Counsel attorneys evaluate whether the facts of a case present grounds for seeking a deviation, whether representing the payor or the payee. The attorneys also discuss the advisory duration schedule that applies to post-divorce maintenance under DRL §236(B)(6), explaining that the schedule offers guidance the court may use rather than a fixed rule, and that the statute allows a court to award non-durational maintenance where appropriate.

Because the income cap referenced in both maintenance statutes adjusts every two years under a formula published by the Office of Court Administration, Mr. Sris and the firm’s Of Counsel attorneys confirm the current applicable figure as part of preparing a maintenance calculation for a Manhattan case, rather than relying on the statute’s original 2015 base amount. The attorneys assist clients filing in or responding to matters before New York County Supreme Court, applying the current guideline formulas and the applicable income cap to each client’s specific financial circumstances. Each case is evaluated individually, and the firm does not guarantee a particular maintenance outcome.

About the Attorney

Mr. Sris, Owner and Founder of the firm, is a former prosecutor who founded the firm in 1997. He is admitted to practice law in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background in accounting and information systems from George Mason University is a foundation he has applied to complex financial and technology-related cases, which is directly relevant to spousal maintenance matters that involve detailed income calculations under DRL §236(B)(5-a) and §236(B)(6).

Mr. Sris and the firm’s Of Counsel attorneys represent both payor and payee spouses in Manhattan maintenance matters, applying the statutory guideline formulas and the applicable income cap to each client’s financial circumstances. Because maintenance calculations depend on accurate income figures and a clear understanding of the applicable statutory percentages, the attorneys review each client’s financial documentation as part of preparing a maintenance position for New York County Supreme Court.

The firm does not offer free consultations. A prospective client may request a scheduled consultation to discuss a maintenance matter, whether related to a pending divorce or a request to modify an existing award. Case outcomes depend on the specific financial facts of each matter, and the firm does not guarantee a particular maintenance figure or duration. Manhattan spouses considering a maintenance claim or response can reach the firm to review their circumstances under New York law.

Frequently Asked Questions

What is the difference between temporary and post-divorce maintenance in New York?

Temporary maintenance, governed by DRL §236(B)(5-a), is maintenance a New York County Supreme Court judge can award while a divorce case is still pending, and it ends no later than when the divorce judgment is entered. Post-divorce maintenance, governed by DRL §236(B)(6), is awarded as part of or after the final judgment and uses a similarly structured guideline formula. Post-divorce maintenance can end on the death of either party, the payee’s remarriage, or through later modification, and in some cases a court may award non-durational, or lifetime, maintenance rather than maintenance limited to a set duration.

How does New York calculate the maintenance amount?

Both DRL §236(B)(5-a) and §236(B)(6) use a guideline formula that applies statutory percentages to the spouses’ incomes, comparing two separate calculations and using whichever produces the lower result. This page does not restate the specific percentages or the exact formula mechanics, since presenting them without full statutory context could be misleading. The guideline amount is also capped by an income limit that adjusts periodically. A court can deviate from the guideline result if it identifies factors set out in the statute and states its reasons in writing or on the record.

Is there a maximum income used to calculate maintenance?

Yes. Both maintenance statutes apply an income cap, described in the statute as a base figure of $184,000 enacted in 2015 that increases every two years according to a Consumer Price Index-based formula published by the Office of Court Administration. Because the applicable figure changes on a set schedule, the current adjusted cap is higher than the original base amount. Mr. Sris and the firm’s Of Counsel attorneys confirm the applicable figure at the time a Manhattan maintenance calculation is prepared, rather than relying on the statute’s original enactment figure.

Is maintenance duration fixed based on the length of the marriage?

Not strictly. DRL §236(B)(6) includes an advisory schedule that ties a suggested maintenance duration to the length of the marriage, but the statute describes this schedule as guidance a court may use rather than a mandatory requirement. The same statute expressly preserves the court’s authority to award non-durational, or lifetime, maintenance in an appropriate case, regardless of what the advisory schedule suggests. How a New York County Supreme Court judge applies the schedule depends on the specific facts of the marriage and the parties’ circumstances.

Can a maintenance award be reduced below what a spouse needs to support themselves?

No. DRL §236(B)(5-a) specifies that the guideline maintenance amount cannot reduce the paying spouse’s income below a statutory floor called the self-support reserve. This floor protects the payor from an award that would leave that spouse without the means for basic self-support, even where the guideline formula would otherwise produce a higher figure. Mr. Sris and the firm’s Of Counsel attorneys account for this floor when calculating a proposed temporary maintenance figure for a Manhattan case.

Related Pages

• Indefinite Alimony Lawyer Manhattan
• Equitable Distribution Lawyer Manhattan
• High Net Worth Divorce Lawyer Manhattan
• Marital Property Division Lawyer Manhattan

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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