Alimony Lawyer Suffolk County

In New York, the financial support one spouse pays to the other during or after a divorce is formally called maintenance, though it is still commonly referred to as alimony. Law Offices Of SRIS, P.C. represents clients in Suffolk County in maintenance disputes arising under New York Domestic Relations Law Section 236(B), which governs virtually all of the economic issues in a current New York divorce, including maintenance, equitable distribution, and child support. This page summarizes the statutory framework for both temporary and post-divorce maintenance. The firm does not offer free consultations; prospective clients may request a scheduled consultation by calling (888) 437-7747.

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Temporary Maintenance During a Pending Divorce

New York Domestic Relations Law Section 236(B)(5-a) governs temporary, or pendente lite, maintenance awarded while a divorce is pending. The statute applies an income-shares guideline formula, using either a 25 percent/20 percent offset calculation or, when the payor is the custodial parent or there is no child support award, a 20 percent/30 percent calculation, with the lower result generally governing. The guideline calculation applies up to a statutory base of $184,000 in payor income, which the statute states is adjusted biennially, each March 1 beginning in 2020, according to a CPI-U formula published by the Office of Court Administration. The guideline amount cannot reduce the payor’s income below the self-support reserve, and a court may deviate from the guideline based on thirteen enumerated statutory factors, provided it sets out written findings explaining the deviation. Temporary maintenance ends no later than the date a judgment of divorce is entered. A contested maintenance dispute in Suffolk County would typically be litigated in Suffolk County Supreme Court, located at 1 Court Street, Riverhead, NY 11901, within the 10th Judicial District.

Post-Divorce (Final) Maintenance

Post-divorce maintenance is governed by Domestic Relations Law Section 236(B)(6) and applies the same formula structure and the same statutory base of $184,000, subject to the same biennial CPI-U adjustment published by the Office of Court Administration. The statute also sets out an advisory duration schedule: for a marriage lasting zero to fifteen years, maintenance may be payable for fifteen to thirty percent of the length of the marriage; for a marriage of fifteen to twenty years, thirty to forty percent; and for a marriage of more than twenty years, thirty-five to fifty percent. This schedule is advisory only, and the statute expressly preserves the court’s ability to award maintenance for a non-durational, or permanent, period when appropriate. Post-divorce maintenance generally terminates upon the death of either party or the remarriage of the party receiving support. Because the guideline formula and the duration schedule both depend on the specific financial and marital facts involved, the amount and length of maintenance in any given case can vary considerably.

How Temporary and Post-Divorce Maintenance Interact

Temporary maintenance and post-divorce maintenance are calculated under related but distinct provisions of the same statute, and the two can apply differently to the same case. A pendente lite award under Section 236(B)(5-a) is designed to maintain both spouses’ circumstances while the divorce is pending, and it ends automatically once a judgment of divorce is entered, even if the case has not yet addressed final maintenance. Post-divorce maintenance under Section 236(B)(6) is then determined separately, using the same guideline formula and income base but applying the advisory duration schedule to set an expected range for how long payments may continue, unless the court finds that a non-durational award is appropriate. Because both determinations depend on income figures, the length of the marriage, and the thirteen statutory factors a court may consider in deviating from the guideline, the facts of each Suffolk County case can produce different results even under the same formula.

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 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 the income and support calculations that arise in maintenance disputes.

Mr. Sris and the firm’s Of Counsel attorneys represent clients in maintenance matters, though the firm does not maintain a physical location in Suffolk County; consultations are by appointment. The firm does not offer free consultations, and its intake line is staffed 24/7 to schedule a consultation. The amount and duration of maintenance in any case depend on the facts presented to the court, and the firm does not guarantee any particular outcome.

Frequently Asked Questions

Is alimony still called alimony under New York law?

New York’s current statutory term is maintenance, governed by Domestic Relations Law Section 236(B), though the term alimony is still commonly used to refer to the same type of support.

How is temporary maintenance calculated in New York?

Under Section 236(B)(5-a), temporary maintenance is calculated using an income-shares guideline formula, applying either a 25 percent/20 percent offset or a 20 percent/30 percent calculation when the payor is the custodial parent or there is no child support award, with the lower result generally governing, subject to a statutory income base that adjusts biennially by CPI-U as published by the Office of Court Administration.

How long does post-divorce maintenance last?

Section 236(B)(6) sets out an advisory duration schedule based on the length of the marriage: fifteen to thirty percent of the marriage length for marriages up to fifteen years, thirty to forty percent for marriages of fifteen to twenty years, and thirty-five to fifty percent for marriages over twenty years. The schedule is advisory only, and a court may award non-durational maintenance in an appropriate case.

Can a court award maintenance for longer than the advisory schedule suggests?

Yes. Section 236(B)(6) expressly preserves the court’s ability to award non-durational, or permanent, maintenance, and the advisory duration schedule is not mandatory.

When does temporary maintenance end?

Temporary maintenance under Section 236(B)(5-a) ends no later than the date a judgment of divorce is entered.

What happens to maintenance if the receiving spouse remarries?

Post-divorce maintenance under Section 236(B)(6) generally terminates upon the death of either party or the remarriage of the party receiving support.

Where would a contested maintenance case in Suffolk County be filed?

A contested matter would typically be filed in Suffolk County Supreme Court, located at 1 Court Street, Riverhead, NY 11901, within the 10th Judicial District.

Does Law Offices Of SRIS, P.C. offer free consultations for maintenance matters?

No. The firm does not offer free consultations. 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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