Indefinite Alimony Lawyer in Manhattan

Spousal maintenance in a Manhattan divorce is not always awarded for a fixed number of years. In some cases, a New York County Supreme Court judge may determine that maintenance without a defined end date, sometimes called indefinite or non-durational maintenance, is appropriate given the length of the marriage and the parties’ circumstances. DRL §236(B)(6) provides an advisory schedule that courts may use as guidance when setting a maintenance duration: for marriages of up to and including fifteen years, the schedule suggests maintenance for fifteen to thirty percent of the length of the marriage; for marriages of more than fifteen up to and including twenty years, thirty to forty percent; and for marriages of more than twenty years, thirty-five to fifty percent. This schedule is advisory rather than mandatory, and the statute expressly preserves the court’s authority to award non-durational maintenance in an appropriate case even outside these percentage bands. Maintenance under New York law terminates upon the death of either party, the remarriage of the party receiving maintenance, or a later modification, and the statute directs the court to consider a payor’s anticipated retirement, treating an actual retirement accompanied by a substantial decrease in income as a basis for modification. For a long-term Manhattan marriage where one spouse may be entitled to maintenance for an extended or indefinite period, understanding how this advisory framework applies is an important part of preparing for the case. Law Offices Of SRIS, P.C. discusses Manhattan maintenance matters with clients who call (888) 437-7747.

What Indefinite Alimony Means in Manhattan

Indefinite alimony, more precisely called non-durational maintenance under New York law, refers to a spousal maintenance award that does not carry a fixed termination date tied to a set number of years. New York’s maintenance statute, DRL §236(B)(6), provides an advisory duration schedule tied to the length of the marriage. For a marriage lasting up to and including fifteen years, the schedule suggests maintenance payable for fifteen to thirty percent of the marriage’s length. For a marriage of more than fifteen up to and including twenty years, the suggested range is thirty to forty percent. For a marriage of more than twenty years, the suggested range is thirty-five to fifty percent.

It is important to understand that this schedule is advisory, not mandatory. The statute does not require a court to stay within these percentage bands, and it expressly preserves the court’s discretion to award maintenance for a longer period, including a non-durational or effectively indefinite award, in a case where the circumstances warrant it. Long-term marriages, particularly those where one spouse has been out of the workforce for an extended period or where there is a significant disparity in earning capacity, are among the situations where a Manhattan court might consider a maintenance award that extends beyond the advisory schedule.

New York law also addresses when maintenance ends. Under DRL §236(B)(6), maintenance terminates upon the death of either party or the remarriage of the party receiving maintenance, and it can be modified later based on a change in circumstances. The statute specifically directs the court to consider a payor’s anticipated retirement when setting maintenance, and it treats an actual retirement accompanied by a substantial diminution in income as a basis for seeking modification. New York’s maintenance income cap, set out in DRL §236(B)(5-a) and (6), is based on a statutory figure that adjusts every two years under a formula tied to the Consumer Price Index and published by the Office of Court Administration, so the applicable cap changes periodically rather than remaining fixed.

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

Mr. Sris and the firm’s Of Counsel attorneys work with Manhattan clients to evaluate where a case falls relative to the advisory maintenance schedule in DRL §236(B)(6), including whether the facts of a long-term marriage might support an award outside the suggested percentage ranges. Because the statute preserves the court’s discretion to award non-durational maintenance in an appropriate case, the firm’s approach includes identifying the specific circumstances, such as the length of the marriage, disparities in earning capacity, or a history of one spouse remaining out of the workforce, that could support a request for maintenance beyond the advisory bands.

The firm also advises clients on how maintenance obligations can change over time. Since DRL §236(B)(6) directs the court to consider a payor’s anticipated retirement and treats an actual retirement with a substantial decrease in income as a basis for modification, Mr. Sris and the firm’s Of Counsel attorneys discuss with clients how a future retirement could affect a maintenance award, whether they are the party paying or receiving support. The firm additionally explains how the statutory income cap under DRL §236(B)(5-a) and (6), which adjusts periodically under a Consumer Price Index formula published by the Office of Court Administration, factors into a maintenance calculation.

Mr. Sris, a former prosecutor and the Owner and Founder of the firm, applies a background in accounting and information systems when reviewing the financial records relevant to a maintenance dispute. The firm does not guarantee a particular maintenance duration or amount, since every award depends on the statutory factors and the discretion of the New York County Supreme Court judge assigned to the case. Clients can request a consultation to discuss a Manhattan maintenance matter.

About the Attorney

Mr. Sris founded the firm in 1997 and continues to serve as its Owner and Founder. Before entering private practice, he worked as a prosecutor. Mr. Sris is admitted to practice law in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He attended George Mason University, where he developed a background in accounting and information systems, which he has applied throughout his career to financial and technology-related aspects of his cases, including matters involving spousal maintenance calculations and income disclosure.

The firm’s Of Counsel attorneys work alongside Mr. Sris on family law matters throughout the firm’s practice, including matters involving spousal maintenance and post-divorce financial obligations. Mr. Sris and the firm’s Of Counsel attorneys approach each maintenance case by reviewing the specific facts of the marriage, the parties’ respective incomes, and the statutory framework that applies under New York law.

The firm does not offer free consultations. Clients in Manhattan who want to discuss a maintenance matter, whether they anticipate paying or receiving support, can request a consultation to review their situation. The firm’s principal office is located in Fairfax, Virginia, and appointments are available by calling ahead to schedule a time to speak with the firm.

Frequently Asked Questions

Does New York award alimony for life?

New York law allows a court to award maintenance without a fixed end date in an appropriate case, sometimes referred to as indefinite or non-durational maintenance. DRL §236(B)(6) provides an advisory schedule tied to the length of the marriage, but the statute expressly preserves the court’s discretion to award maintenance outside that schedule, including a non-durational award, when the circumstances of the marriage warrant it. There is no guarantee that any particular case will result in this kind of award, since the outcome depends on the specific facts presented to the court.

How long does New York’s advisory maintenance schedule suggest maintenance should last?

The advisory schedule under DRL §236(B)(6) suggests fifteen to thirty percent of the marriage’s length for marriages up to and including fifteen years, thirty to forty percent for marriages of more than fifteen up to and including twenty years, and thirty-five to fifty percent for marriages of more than twenty years. This schedule is guidance the court may use, not a mandatory rule, and the statute allows the court to award maintenance outside these ranges, including on a non-durational basis, in an appropriate case.

When does spousal maintenance end in New York?

Maintenance under DRL §236(B)(6) terminates upon the death of either party or the remarriage of the party receiving maintenance. It can also be modified based on a later change in circumstances. The statute directs the court to consider a payor’s anticipated retirement when setting the original maintenance award, and it treats an actual retirement accompanied by a substantial decrease in income as a basis for seeking a modification. These provisions apply whether the original award was set for a fixed term or on a non-durational basis.

Is there a cap on income used to calculate maintenance in New York?

Yes. New York’s maintenance statute applies an income cap set out in DRL §236(B)(5-a) and (6). The cap is based on a statutory figure that adjusts every two years according to a formula tied to the Consumer Price Index and published by the Office of Court Administration, so the applicable figure changes periodically. Income above the cap can still be considered by the court in setting maintenance, but the formula-based guidance in the statute applies specifically to income at or below the current cap.

Can a retirement affect an existing maintenance obligation?

Yes. DRL §236(B)(6) directs the court to consider a payor’s anticipated retirement when the original maintenance award is set, and it treats an actual retirement accompanied by a substantial diminution in income as a basis for the payor to seek modification of an existing award. Whether a specific retirement will support a modification depends on the circumstances, including how the retirement affects the payor’s actual income compared to the income relied on when the original award was made.

Related Pages

• Alimony Lawyer Manhattan
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• Equitable Distribution Lawyer Manhattan
• Contested 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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