Indefinite Alimony Lawyer New York

Some marriages end after a length of time, or under circumstances, where a fixed-duration maintenance award does not reflect the realities either spouse will face going forward. New York law recognizes this possibility and preserves a court’s authority to order maintenance that continues without a set end date, sometimes referred to as indefinite or lifetime alimony, in an appropriate case. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., and the firm’s Of Counsel attorneys represent clients on both sides of maintenance disputes, including cases where a non-durational award may be at issue. Because this kind of award depends heavily on the specific facts of the marriage, a thorough factual record is essential. Clients often come to this question after a long marriage, or after a marriage in which one spouse’s health, caregiving responsibilities, or time away from the workforce significantly affected their ability to build independent earning capacity. Whether a client is pursuing or defending against a non-durational request, understanding how the statute actually treats these situations, rather than relying on assumptions about a fixed formula, is an important first step. Call (888) 437-7747 to request a consultation.

What Indefinite Alimony Means in New York

New York’s post-divorce maintenance statute, Domestic Relations Law § 236(B)(6), sets a guideline formula for the amount of maintenance and an advisory schedule tied to the length of the marriage for how long maintenance should generally last. That advisory schedule suggests maintenance for roughly 15 to 30 percent of the marriage’s length for marriages of up to fifteen years, roughly 30 to 40 percent for marriages of more than fifteen up to twenty years, and roughly 35 to 50 percent for marriages of more than twenty years. The statute frames this schedule as something the court “may” apply, not a mandatory formula, and it expressly preserves the court’s ability to award non-durational, meaning open-ended, maintenance in an appropriate case notwithstanding the advisory percentages.

In other words, the duration schedule is a guideline the court considers alongside the same broader set of factors used to determine the amount of maintenance, including the length of the marriage, the age and health of the parties, the equitable distribution of marital property, each spouse’s earning capacity and education or training needs, and the standard of living established during the marriage, among other statutory considerations. A long marriage, a significant disparity in earning capacity, or health-related limitations on a spouse’s ability to become self-supporting are the kinds of facts that can support a court’s decision to look beyond the advisory percentage bands and order maintenance without a fixed end date.

As with temporary maintenance, post-divorce maintenance under this statute applies its guideline formula only up to an income cap, with the dollar figure for that cap set out in the statute’s own text as a base amount that increases every two years under a Consumer Price Index-based formula published by the Office of Court Administration. The statute itself states only that original base figure and the adjustment mechanism, not the currently effective adjusted number, so any specific current-year figure should be confirmed against the current published guideline rather than assumed from an older source.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle These Cases

When a client’s case may involve non-durational maintenance, whether because a client is seeking it or responding to a request for it, Mr. Sris and the firm’s Of Counsel attorneys focus on the statutory factors that support an award extending beyond the advisory duration schedule. That often means developing a detailed record of the marriage’s length, each spouse’s health and earning capacity, the standard of living established during the marriage, and the practical likelihood that the receiving spouse can become self-supporting within a defined period.

Because the advisory schedule is not a hard cap, the firm’s Of Counsel attorneys also work to explain to clients, and where necessary to the court, why the facts of a particular marriage justify departing from the percentage bands rather than treating them as an automatic ceiling. This includes addressing how equitable distribution of the marital estate, income or imputed income on distributed assets, and each spouse’s contributions during the marriage bear on both amount and duration.

Because these cases are highly fact-specific, the firm’s Of Counsel attorneys also prepare clients for the reality that maintenance duration is ultimately a matter of judicial discretion guided by statutory factors, not a guaranteed outcome in either direction. Whether the goal is to support a request for non-durational maintenance or to respond to one, the team works to present a clear, factor-by-factor record that reflects how the statute is meant to operate.

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

Mr. Sris founded the firm in 1997 and serves as its Owner and Founder. He is a former prosecutor and is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background from George Mason University in accounting and information systems has applied to complex financial and technology-related cases, which is often relevant to maintenance disputes involving income and earning capacity analysis. That background supports a grounded, factor-by-factor approach to a question that ultimately turns on the specific financial and personal history of the marriage.

Maintenance matters are handled by Mr. Sris and the firm’s Of Counsel attorneys, who work directly with clients whether they are seeking or responding to a maintenance claim. The firm does not offer free consultations, and individuals with maintenance questions can request a scheduled consultation. The firm concentrates in family law, among other civil practice areas, and does not guarantee that a court will order non-durational maintenance or any particular result, since the decision rests with the court applying the statutory factors to the facts presented. Mr. Sris and the firm’s Of Counsel attorneys work to present the statutory factors clearly, whether the goal is to support a request for non-durational maintenance or to respond to one.

Frequently Asked Questions

Is indefinite or lifetime alimony common in New York?

It is not the default outcome. New York’s maintenance statute includes an advisory duration schedule tied to the length of the marriage, and non-durational maintenance is reserved for cases where the court, applying the statutory factors, determines it is appropriate given the specific facts of the marriage.

Does a long marriage automatically mean maintenance will be indefinite?

No. Length of marriage is one of the factors the advisory schedule and the broader statutory factors take into account, and longer marriages are associated with the higher end of the advisory duration percentages, but the statute does not guarantee a non-durational award based on marriage length alone.

Can a court order maintenance longer than the advisory schedule suggests?

Yes. DRL § 236(B)(6) frames the duration schedule as something the court “may” apply and expressly preserves the court’s authority to order non-durational maintenance in an appropriate case, so the percentage bands are not a hard ceiling.

Is there a cap on how much income maintenance can be based on?

The statute applies its guideline formula up to an income cap set out in the statute’s text as a base figure that adjusts every two years under a published formula. The statute does not state the current adjusted dollar figure directly, so it should be confirmed from the current officially published amount.

Does maintenance end automatically if my ex-spouse remarries?

Under the statute, maintenance terminates upon the death of either party or the payee’s remarriage, whether that remarriage is later determined valid or invalid, unless the award is otherwise modified. An attorney can explain how this applies to a specific award.

Can a non-durational maintenance award ever be modified later?

Maintenance awards, including non-durational awards, can potentially be modified based on a substantial change in circumstances, and the statute specifically addresses how a payor’s retirement and related income changes can factor into that analysis. An attorney can review whether a modification request may be appropriate.

Related Pages

• Divorce Lawyer New York
• Equitable Distribution Lawyer New York
• High-Net-Worth Divorce Lawyer New York
• Legal Separation Lawyer New York

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.

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