Alimony Lawyer New York
New York’s maintenance system, commonly called alimony, operates through a statutory formula that applies during a pending divorce and, separately, after judgment. The formula differs depending on whether the payments are temporary, awarded while the divorce is pending, or post-divorce, awarded as part of the final judgment, and both versions are built around the paying spouse’s and the receiving spouse’s income. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., and the firm’s Of Counsel attorneys represent spouses seeking maintenance and spouses responding to a maintenance claim in New York divorce proceedings. Because the statute allows the court to deviate from the guideline amount based on a list of enumerated factors, and because the applicable income cap adjusts periodically rather than remaining fixed, the maintenance analysis in a given case depends on figures and circumstances that change over time. Whether the question is what maintenance a spouse might request, or what a paying spouse might expect to pay, the analysis starts with the same statutory framework before moving into the case-specific factors that can change the result. Call (888) 437-7747 to discuss a maintenance matter.
What Alimony Means in New York
New York addresses spousal maintenance in two statutory provisions within N.Y. Dom. Rel. Law § 236(B): subdivision 5-a governs temporary maintenance, awarded while a divorce is pending, and subdivision 6 governs post-divorce maintenance, awarded as part of the final judgment. Both provisions use a similar structure. Each defines the higher-earning spouse as the payor and the lower-earning spouse as the payee, and each applies an income-shares style formula that calculates a guideline amount using a percentage of each spouse’s income up to a statutory income cap. That income cap was set in the statute at a base figure of $184,000 when enacted, and the statute directs that the cap increases every two years according to a formula tied to the Consumer Price Index, with the New York Office of Court Administration responsible for calculating and publishing the currently applicable figure. Because the cap changes periodically, spouses should confirm the current published amount rather than relying on the original statutory base figure.
For income at or below the applicable cap, the guideline amount is calculated using one of two formulas depending on whether the payor is also paying child support, with the lower resulting figure generally controlling. For income above the cap, any additional maintenance on the excess is discretionary, guided by a list of statutory factors. Neither formula can reduce the payor below the self-support reserve, and the statute presumes no award at all where the payor’s income already falls below that reserve. A court can also deviate from the guideline amount, in either direction, based on factors such as the parties’ age and health, earning capacity, the marital standard of living, and the effect of domestic violence on a party’s earning capacity, among others, provided the court states its reasoning. For post-divorce maintenance, § 236(B)(6) also includes an advisory duration schedule tied to the length of the marriage, though the statute expressly preserves the court’s ability to award maintenance without a fixed end date in an appropriate case.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Alimony Cases
Mr. Sris and the firm’s Of Counsel attorneys begin a maintenance matter by identifying each spouse’s income under the definitions the statute uses, since the guideline formulas in N.Y. Dom. Rel. Law § 236(B)(5-a) and § 236(B)(6) depend on accurate income figures for both the payor and the payee. Where income is straightforward, that calculation can be relatively direct. Where a spouse is self-employed, owns a business, or has income from varied sources, the firm’s Of Counsel attorneys work to document income accurately before applying the guideline formula, since an inaccurate income figure changes the resulting calculation.
Once the guideline amount is established, the firm’s Of Counsel attorneys evaluate whether the statutory deviation factors support an adjustment, whether upward or downward, and prepare the factual record needed to support that position in court or in negotiation. For post-divorce maintenance, that evaluation also includes the advisory duration schedule and the case-specific factors a court considers in setting how long maintenance should run. Mr. Sris and the firm’s Of Counsel attorneys represent both spouses seeking maintenance and spouses responding to a maintenance claim, and they address maintenance alongside the other financial issues in a divorce, including equitable distribution and child support, since these issues are often resolved together. Because the applicable income cap is adjusted periodically by the Office of Court Administration rather than fixed in the statute, the firm’s Of Counsel attorneys confirm the current published figure before applying it to a client’s case.
About the Firm
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who founded the firm in 1997. His background from George Mason University in accounting and information systems has been applied to complex financial matters the firm has handled, including maintenance disputes involving business income, deferred compensation, and other non-salary income sources. Mr. Sris is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York.
In maintenance matters, Mr. Sris and the firm’s Of Counsel attorneys work through the guideline formulas in N.Y. Dom. Rel. Law § 236(B)(5-a) and § 236(B)(6) with clients, explaining how the income figures, the applicable cap, and the statutory deviation factors interact in a given case. The firm’s Of Counsel attorneys contract directly with the firm.
Clients with a question about temporary or post-divorce maintenance can request a consultation to discuss their income situation and the factors relevant to their case. The intake line is staffed for 24/7 phone intake. Mr. Sris and the firm’s Of Counsel attorneys do not guarantee any particular maintenance outcome; the amount and duration of maintenance, if any, depend on the statutory formula, the applicable factors, and the court’s determination on the facts presented.
Frequently Asked Questions
How is alimony calculated in New York?
New York calculates maintenance using guideline formulas set out in N.Y. Dom. Rel. Law § 236(B)(5-a) for temporary maintenance and § 236(B)(6) for post-divorce maintenance. Both formulas apply a percentage-based calculation to each spouse’s income, up to a statutory income cap that adjusts every two years and is published by the Office of Court Administration, with the lower of two formula results generally controlling. A court can deviate from the guideline amount based on enumerated factors, so the guideline figure is a starting point rather than an automatic result.
What is the income cap for New York maintenance?
The statute sets a base income cap of $184,000, established when the current formula was enacted, and directs that the cap increase every two years according to a Consumer Price Index-based formula. The New York Office of Court Administration calculates and publishes the currently applicable cap, which is higher than the original base figure. Because the cap changes periodically, the current published figure, rather than the statutory base amount, should be used when applying the formula to a specific case.
What is the difference between temporary and post-divorce maintenance?
Temporary maintenance, governed by N.Y. Dom. Rel. Law § 236(B)(5-a), is awarded while a divorce is pending and terminates no later than entry of the divorce judgment. Post-divorce maintenance, governed by § 236(B)(6), is awarded as part of the final judgment and can continue for a period tied to an advisory duration schedule based on the length of the marriage, or without a fixed end date in an appropriate case. Both use similar income-based formulas but serve different points in the case.
Can a New York court deviate from the maintenance guideline amount?
Yes. Both N.Y. Dom. Rel. Law § 236(B)(5-a) and § 236(B)(6) list factors a court may consider in adjusting the guideline amount, including the parties’ age and health, earning capacity, the marital standard of living, tax consequences, and the effect of domestic violence on a party’s earning capacity, among others. If the court deviates from the guideline amount, it must state its reasoning in writing or on the record, so any deviation is tied to specific, case-based findings.
Does maintenance last for a fixed number of years in New York?
Not automatically. For post-divorce maintenance, N.Y. Dom. Rel. Law § 236(B)(6) includes an advisory schedule tying a suggested duration range to the length of the marriage, but the court is not required to follow it, and the statute expressly preserves the court’s ability to award maintenance without a fixed end date in an appropriate case. Maintenance also terminates upon the death of either party or the payee’s remarriage, or upon later modification.