Indefinite Alimony Lawyer Nassau County

Spouses who expect to receive or pay maintenance after a long-term marriage often ask whether New York still allows a court to award alimony for an indefinite period, sometimes called non-durational maintenance. The answer is yes, though the path there depends heavily on the length of the marriage and the specific facts a judge is presented with. Law Offices Of SRIS, P.C. advises spouses in Nassau County on post-divorce maintenance claims, including cases where an indefinite award may be appropriate. New York’s maintenance statute sets out an advisory schedule tied to the length of the marriage, but it also expressly preserves the court’s authority to depart from that schedule and award maintenance without a fixed end date. This page explains how that schedule works, when a court may award indefinite maintenance instead, and what can later change a maintenance award. Call (888) 437-7747 to request a scheduled consultation about a maintenance matter pending in the New York State trial courts in Nassau County.

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New York’s Advisory Maintenance Duration Schedule

Post-divorce maintenance in New York is governed by N.Y. Dom. Rel. Law § 236(B)(6). Paragraph (f) of that section sets out an advisory schedule tied to the length of the marriage: for a marriage lasting up to and including 15 years, maintenance is generally payable for 15% to 30% of the length of the marriage; for a marriage lasting more than 15 up to 20 years, the range is 30% to 40%; and for a marriage lasting more than 20 years, the range is 35% to 50%. These percentage bands are advisory, not mandatory. The statute says a court “may” determine duration in accordance with the schedule, which means a Nassau County judge is not required to select a duration within these ranges in every case.

In setting both the amount and the duration of maintenance, the court considers the same enumerated adjustment factors, and the statute requires the court to state its reasoning for the duration it selects. The statute also applies a statutory base of $184,000 that adjusts biennially by the CPI-U as published by the Office of Court Administration to the income used in the basic maintenance calculation, rather than a fixed figure that never changes.

When New York Courts Award Indefinite Maintenance

Despite the advisory schedule, DRL § 236(B)(6) expressly preserves a court’s ability to award non-durational, or indefinite, maintenance in an appropriate case, notwithstanding the percentage-based schedule described above. This means the schedule functions as a guideline rather than a ceiling, and a Nassau County court retains discretion to order maintenance that continues without a fixed termination date when the facts warrant it, such as in some long-term marriages where one spouse’s earning capacity has been substantially affected by the marriage.

Maintenance under this statute terminates automatically on the death of either party, on the payee’s remarriage, whether that remarriage is later found valid or invalid, or upon modification of the award. The statute also identifies a payor’s actual retirement, when accompanied by a substantial diminution of income, as a basis for seeking modification of an existing maintenance award. Because the same enumerated adjustment factors apply to both the amount and duration determinations, and because the statute requires the court to explain its reasoning, the evidence presented about a marriage’s length, the parties’ respective incomes, and their circumstances at the time of divorce plays a significant role in whether a court departs from the advisory schedule.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris founded Law Offices Of SRIS, P.C. in 1997 and is a former prosecutor who serves as the firm’s Owner and Founder. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and he attended George Mason University, where he developed a background in accounting and information systems that he applies when reviewing income documentation and financial records in maintenance disputes.

Mr. Sris and the firm’s Of Counsel attorneys handle maintenance matters for spouses across Nassau County, including cases involving requests for indefinite maintenance after long-term marriages. The firm does not offer free consultations, and prospective clients are asked to request a scheduled consultation by calling the intake line, which is staffed 24/7. The firm does not maintain a physical location in Nassau County. Consultations are conducted by appointment. Maintenance outcomes depend on the length of the marriage, the parties’ finances, and the facts of the case, and the firm does not guarantee that any request for indefinite maintenance will succeed.

Frequently Asked Questions

What is indefinite, or non-durational, maintenance?

It is a maintenance award that does not carry the fixed end date contemplated by the schedule in N.Y. Dom. Rel. Law § 236(B)(6). The statute expressly allows a court to award this type of maintenance in an appropriate case, even though the general schedule is expressed as a percentage of marriage length.

Is New York’s maintenance duration schedule mandatory?

No. The schedule in DRL § 236(B)(6)(f) is advisory. The statute states a court “may” determine duration in accordance with the schedule, which leaves the court discretion to select a different duration, including an indefinite award, based on the facts of the case.

How long does maintenance typically last after a long marriage?

The advisory schedule assigns marriages of more than 20 years a range of 35% to 50% of the marriage’s length, but this is a guideline, not a fixed rule, and the court may award maintenance without a fixed end date in an appropriate case.

What income is used to calculate maintenance in New York?

The statute applies a statutory base of $184,000 that adjusts biennially by the CPI-U as published by the Office of Court Administration, rather than a fixed amount that never changes.

What ends a maintenance obligation in New York?

Maintenance terminates on the death of either party, on the payee’s remarriage, whether that remarriage is later found valid or invalid, or upon modification of the award.

Can a maintenance award be modified after the payor retires?

The statute treats a payor’s actual retirement, when it comes with a substantial diminution of income, as a basis for seeking modification of an existing maintenance award.

What factors does a Nassau County court consider when setting maintenance duration?

The court applies the same enumerated adjustment factors used to set the amount of maintenance and must state its reasoning for the duration selected, considering circumstances such as the length of the marriage and the parties’ respective situations.

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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