Alimony Lawyer Nassau County

Nassau County spouses facing a maintenance question, often still called alimony, generally want to know two things: how long payments might last, and how much income the calculation actually reaches. New York’s maintenance statute answers both questions through formulas and schedules rather than open-ended judicial discretion alone, though the court retains meaningful latitude within that framework. Law Offices Of SRIS, P.C. advises Nassau County clients on how New York’s post-divorce and temporary maintenance provisions apply to their income situation and the length of their marriage. Because the statute ties key inputs to a capped income figure and an advisory duration schedule tied to the length of the marriage, understanding the mechanics before a hearing matters. This page explains those mechanics using the statutory language itself, without guessing at figures the statute does not spell out. Call (888) 437-7747 to request a scheduled consultation and discuss how these provisions may apply to your situation.

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How New York Calculates Post-Divorce Maintenance

New York Domestic Relations Law § 236(B)(6) governs post-divorce, or final, maintenance. The statute applies a guideline formula that mirrors the formula used for temporary maintenance, and it directs the court to weigh fifteen enumerated factors in adjusting the guideline amount, covering matters such as the parties’ respective incomes, ages, health, and earning capacities, among others set out in the statute. The statute also includes an advisory duration schedule tied to the length of the marriage: for a marriage of zero to fifteen years, the advisory range is fifteen percent to thirty percent of the length of the marriage; for a marriage of more than fifteen up to twenty years, the advisory range is thirty percent to forty percent; and for a marriage of more than twenty years, the advisory range is thirty-five percent to fifty percent. Section 236(B)(6) expressly preserves the court’s ability to award non-durational, or permanent, maintenance in an appropriate case, so the advisory schedule is not an absolute ceiling. A maintenance award under this provision terminates upon the death of either party or the remarriage of the payee spouse, unless the parties otherwise agree.

The statute’s income cap provision is worth understanding on its own terms. The statutory text sets a base figure of $184,000, enacted in 2015, and directs that this base be adjusted biennially according to the Consumer Price Index for All Urban Consumers, beginning March 1, 2020, with the adjusted figure rounded to the nearest $1,000. The statute assigns responsibility for determining and publishing the current adjusted cap to the Office of Court Administration. Because the statutory text itself states only the $184,000 base figure and the adjustment mechanism, and does not state the current adjusted dollar figure, this page describes the cap only as a statutory base of $184,000 that adjusts biennially by CPI-U as published by the Office of Court Administration; a Nassau County spouse should confirm the currently published figure with the Office of Court Administration or with counsel before relying on any specific number.

Temporary Maintenance During a Pending Case

New York Domestic Relations Law § 236(B)(5-a) governs temporary, or pendente lite, maintenance, which covers the period while a divorce case is still pending. The statute applies the same general structure as the post-divorce maintenance formula in § 236(B)(6), using the same capped income concept described above. Temporary maintenance under this provision terminates no later than the entry of the judgment of divorce, at which point the court’s post-divorce maintenance determination under § 236(B)(6) takes over, if maintenance is awarded at all. The statute also protects a self-support reserve, a floor below which a maintenance award cannot reduce the payor spouse’s income; the statute defines this floor by a mechanism, one hundred thirty-five percent of the federal poverty guideline, with a 1989 base figure of $8,065 that is revised each March 1, but the statute does not itself state the currently revised dollar figure, so this page likewise does not state one.

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. He is admitted to practice law in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris attended George Mason University, where he developed a background in accounting and information systems, a background the firm has found useful in maintenance cases that turn on income calculations. Mr. Sris and the firm’s Of Counsel attorneys advise Nassau County clients on maintenance matters, including contested cases that would typically be filed in Nassau County Supreme Court, located at 100 Supreme Court Drive, Mineola, NY 11501, within the 10th Judicial District.

The firm does not maintain a physical location in Nassau County. Consultations are by appointment. The firm’s intake line is staffed 24/7, but the firm does not offer free consultations; clients are asked to request a scheduled consultation. The firm does not guarantee any particular outcome in a maintenance case, since the guideline formula, the fifteen statutory adjustment factors, and the court’s ultimate determination all depend on facts specific to each case.

Frequently Asked Questions

How long does alimony last in New York?

Domestic Relations Law § 236(B)(6) sets out an advisory duration schedule tied to the length of the marriage, ranging from fifteen to fifty percent of the marriage’s length depending on how long the marriage lasted. The court retains discretion, including the ability to award non-durational maintenance in an appropriate case.

What income does New York’s maintenance formula use?

The formula applies up to a statutory income cap. The statute sets a base of $184,000 that adjusts biennially by CPI-U as published by the Office of Court Administration; this page does not state a specific current-year figure because the statute itself does not state one.

Is temporary maintenance different from post-divorce maintenance?

Yes. Temporary maintenance under Domestic Relations Law § 236(B)(5-a) applies while a case is pending and terminates no later than entry of the divorce judgment, at which point post-divorce maintenance under § 236(B)(6), if awarded, takes over.

Can a maintenance award reduce the paying spouse below a certain income floor?

The statute protects a self-support reserve, a floor defined by a fixed mechanism tied to the federal poverty guideline and revised each March 1. The statute does not state the current dollar figure in its text, so this page does not state one.

What happens to maintenance if the receiving spouse remarries?

Under Domestic Relations Law § 236(B)(6), a maintenance award terminates upon the death of either party or the remarriage of the payee spouse, unless the parties have agreed otherwise.

Where would a contested Nassau County maintenance case be filed?

A contested matter would typically be filed in Nassau County Supreme Court, located at 100 Supreme Court Drive, Mineola, NY 11501, within the 10th Judicial District. The firm does not maintain a physical location in Nassau County and advises clients on such matters by appointment.

Does the firm offer a free consultation for maintenance cases?

No. Law Offices Of SRIS, P.C. does not offer free consultations. Call (888) 437-7747 to request a scheduled consultation.

Does the firm guarantee a specific maintenance amount or duration?

No. The firm does not guarantee any particular outcome. The guideline amount, the statutory adjustment factors, and the advisory duration schedule are applied by the court based on the facts of each 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.

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