Spousal Support Lawyer Nassau County

Spousal support, often called maintenance in New York, allows one spouse to receive financial support from the other after a divorce, based on the couple’s circumstances during and after the marriage. Whether maintenance is appropriate, and for how long, depends on a statutory framework that considers the length of the marriage and each spouse’s income, among other factors. Law Offices Of SRIS, P.C. represents spouses in Nassau County on both sides of maintenance disputes, whether seeking support or responding to a request for it. Because maintenance calculations involve statutory guidelines as well as judicial discretion, understanding how the framework applies to a specific marriage is an important part of preparing for a divorce. Maintenance can be addressed on a temporary basis while a divorce is pending, and again as part of the final divorce judgment. The firm does not offer free consultations, but prospective clients may request a scheduled consultation by calling (888) 437-7747.

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New York’s Post-Divorce Maintenance Framework

Post-divorce, or final, maintenance in New York is governed by N.Y. Dom. Rel. Law § 236(B)(6), which sets out a guideline formula and a list of factors the court considers in setting the amount and duration of an award. The statute also includes an income cap that limits the income figure used in the guideline formula; that cap is periodically adjusted under a formula set out in the statute, so the applicable figure changes over time rather than remaining fixed. Because the cap adjusts periodically, the current figure that applies to a given case should be confirmed at the time the case is filed rather than assumed from an earlier year. The guideline formula is a starting point rather than the final word, since the court also weighs the enumerated statutory factors before setting the final award. Because the guideline calculation begins with each spouse’s income, spouses preparing for a maintenance determination often need to gather documentation of their earnings and other income sources before the calculation can be applied.

How Long Maintenance Can Last

Section 236(B)(6) also includes an advisory schedule that ties the general duration of maintenance to the length of the marriage: for marriages up to fifteen years, the schedule suggests a duration equal to roughly fifteen to thirty percent of the length of the marriage; for marriages longer than fifteen years and up to twenty years, roughly thirty to forty percent; and for marriages longer than twenty years, roughly 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, or lifetime, maintenance in an appropriate case, so the percentage bands should not be treated as either a guaranteed minimum or a hard maximum. Maintenance is decided as part of a divorce action, which in Nassau County is filed in Nassau County Supreme Court, located at 100 Supreme Court Drive, Mineola, NY 11501, telephone (516) 493-3400, within the Tenth Judicial District. Temporary maintenance, which may be awarded while a divorce is pending, follows a related but separate guideline calculation and is not governed by the durational schedule described above. Law Offices Of SRIS, P.C. does not maintain a physical location in Nassau County, and the firm does not guarantee any particular outcome in any maintenance determination.

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

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who founded the firm in 1997. He attended George Mason University, where he developed a background in accounting and information systems. Mr. Sris is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York.

On spousal support matters, Mr. Sris works alongside the firm’s Of Counsel attorneys. The firm’s intake line is staffed 24/7, though the firm does not offer free consultations; prospective clients may request a scheduled consultation by calling (888) 437-7747. Case results depend on a variety of factors unique to each case, and the firm does not guarantee any particular outcome for any prospective or current client.

Frequently Asked Questions

What is the difference between spousal support and maintenance in New York?

New York law uses the term maintenance for spousal support paid after a divorce. Temporary support paid while a divorce is pending is calculated differently from post-divorce maintenance under N.Y. Dom. Rel. Law § 236(B)(6), which applies once the divorce is finalized.

How does a Nassau County court decide the amount of maintenance?

The court applies the guideline formula and enumerated factors in N.Y. Dom. Rel. Law § 236(B)(6). The statute also includes an income cap used in the formula, and that cap is periodically adjusted, so the figure that applies depends on when the case is filed.

Is there a set formula for how long maintenance lasts?

Section 236(B)(6) includes an advisory duration schedule tied to the length of the marriage, but the schedule is not mandatory. The statute preserves the court’s discretion to award non-durational maintenance in an appropriate case, so the advisory percentages are a guide rather than a fixed rule.

Can maintenance be awarded for the rest of a spouse’s life?

In an appropriate case, N.Y. Dom. Rel. Law § 236(B)(6) allows the court to award non-durational, or lifetime, maintenance, even though the statute’s advisory schedule generally ties duration to a percentage of the marriage’s length. Whether lifetime maintenance is appropriate depends on the specific facts of the marriage and the parties’ circumstances.

Where are maintenance determinations made in Nassau County?

Maintenance is decided as part of a divorce action filed in Nassau County Supreme Court, located at 100 Supreme Court Drive, Mineola, NY 11501, telephone (516) 493-3400, within the Tenth Judicial District.

Does Law Offices Of SRIS, P.C. have an office in Nassau County?

The firm does not maintain a physical location in Nassau County. Mr. Sris and the firm’s Of Counsel attorneys work with Nassau County clients by appointment. Prospective clients may request a scheduled consultation by calling (888) 437-7747.

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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