Alimony Lawyer Staten Island

New York uses the term “maintenance” rather than “alimony,” and the law sets out formula-based guidelines for both the temporary support paid while a divorce is pending and the post-divorce support that may follow. Staten Island spouses facing a significant income gap often want to understand how those formulas work and what factors can lead a court to deviate from the guideline amount. Law Offices Of SRIS, P.C. advises clients on maintenance issues under New York’s Domestic Relations Law, including how income is defined and how duration is determined. The firm does not offer free consultations, but a scheduled consultation can be requested at (888) 437-7747. This page explains the general framework that applies to most maintenance requests in a New York divorce.

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Temporary Maintenance While a Divorce Is Pending

Domestic Relations Law § 236(B)(5-a) sets a statutory formula for temporary, or pendente lite, maintenance. The statute defines the “payor” as the higher-earning spouse and the “payee” as the lower-earning spouse, and it applies an income cap described in the statute as “up to and including one hundred eighty-four thousand dollars” of the payor’s income, a figure that by its own terms increases every two years based on a Consumer Price Index formula published by the Office of Court Administration. Where the payor is the non-custodial parent and child support will also be paid, the guideline amount is the lower of two statutory formulas: one subtracting 25% of the payee’s income from 20% of the payor’s income, the other subtracting the payee’s income from 40% of the combined income. Different percentages apply where child support will not be paid or where the payor is the custodial parent. The statute also protects a self-support reserve, below which a maintenance award is presumed inappropriate, and a court may deviate from the guideline based on thirteen enumerated factors, provided it states its reasoning. Because temporary maintenance is meant to preserve each spouse’s financial position while a case is pending, the request is often made early in a divorce, alongside any request for temporary child support, so that both spouses have clarity about their household budgets while the larger property and support issues are litigated. The firm reviews current income documentation from both spouses before discussing what a temporary maintenance request is likely to look like under the formula.

Post-Divorce Maintenance: Amount and Duration

Domestic Relations Law § 236(B)(6) governs maintenance awarded as part of a final divorce judgment, using an amount formula that mirrors the temporary-maintenance calculation and the same statutory income-cap mechanism. For duration, the statute provides an advisory schedule tied to the length of the marriage: for a marriage of up to fifteen years, maintenance is generally payable for 15% to 30% of the marriage’s length; for a marriage of more than fifteen up to twenty years, 30% to 40%; and for a marriage of more than twenty years, 35% to 50%. This schedule is advisory rather than mandatory, and the statute expressly preserves a court’s ability to award non-durational maintenance in an appropriate case. Maintenance terminates upon the death of either party or the payee’s remarriage, and the statute directs the court to consider anticipated retirement and a payor’s actual retirement with a substantial income decrease as a potential basis for modification. Because the amount formula mirrors the temporary-maintenance calculation while the duration analysis adds a separate layer tied to marriage length, a full maintenance request typically requires presenting both current income figures and a clear picture of the marriage timeline. The firm reviews a client’s income documentation and marriage history against this two-part framework before discussing a realistic range for either a temporary or a post-divorce maintenance request.

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 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 that he applies to income and asset analysis in maintenance cases. The firm’s Of Counsel attorneys assist with New York family law matters as part of the firm’s broader practice.

The firm’s principal office is located at 4008 Williamsburg Court, Fairfax, VA 22032, by appointment. The firm does not maintain a physical location in Staten Island, and it does not offer free consultations; individuals may request a scheduled consultation by calling (888) 437-7747. The firm’s intake line is staffed 24/7. The firm does not guarantee any particular outcome in any matter, and results depend on the facts and circumstances specific to each case.

Frequently Asked Questions

What is the difference between temporary and post-divorce maintenance?

Temporary maintenance under Domestic Relations Law § 236(B)(5-a) is paid while a divorce is pending. Post-divorce maintenance under § 236(B)(6) is set as part of the final judgment and uses a similar amount formula but adds a duration analysis.

Is there a fixed dollar cap on income used in the maintenance formula?

The statute states a base figure of $184,000 that adjusts every two years according to a Consumer Price Index formula published by the Office of Court Administration. Because the current adjusted figure is published administratively rather than written into the statute, it should be confirmed against the current OCA chart.

How long does maintenance last after a divorce?

Domestic Relations Law § 236(B)(6) sets an advisory duration schedule based on marriage length, but a court retains discretion to award non-durational maintenance in an appropriate case, so the schedule is a guide rather than a fixed rule.

Does maintenance continue if the receiving spouse remarries?

No. Under § 236(B)(6), maintenance terminates upon the payee’s remarriage or upon the death of either party, unless the parties’ agreement or a later order provides otherwise.

What happens if the paying spouse’s income is very low?

The statute protects a self-support reserve, and a maintenance award is presumed inappropriate where it would reduce the payor below that reserve, subject to the court’s overall analysis of the guideline factors.

Can retirement affect an existing maintenance order?

Domestic Relations Law § 236(B)(6) directs a court to consider anticipated retirement when setting maintenance, and treats a payor’s actual retirement with a substantial income decrease as a potential basis to seek modification.

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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