Indefinite Alimony Lawyer Queens County

Most spousal maintenance awards in New York last for a defined period, but the law also preserves the possibility of indefinite, or non-durational, maintenance in an appropriate case, and understanding when that outcome is realistic requires understanding how Domestic Relations Law § 236(B)(6) actually works. The statute contains an advisory schedule tying maintenance duration to the length of the marriage, but it describes that schedule as something a court “may” apply, and it expressly preserves the court’s ability to award maintenance without a fixed end date. Because indefinite maintenance is the exception within a framework built around durational guidelines, a spouse seeking this outcome, or a spouse concerned about being ordered to pay indefinitely, needs to understand both the advisory schedule and the circumstances that might lead a Queens County court to depart from it. An indefinite alimony lawyer serving Queens County can help a spouse evaluate how the statutory duration schedule applies to their marriage and whether the facts might support, or resist, a non-durational award. Law Offices Of SRIS, P.C. represents spouses in Queens County maintenance matters, including cases raising the question of indefinite maintenance. To discuss an indefinite alimony matter connected to Queens County, call (888) 437-7747.

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What Indefinite Alimony Means in Queens County

Domestic Relations Law § 236(B)(6) governs post-divorce maintenance and includes an advisory schedule tying the duration of an award to the length of the marriage. For a marriage of up to and including fifteen years, the statute suggests maintenance for fifteen to thirty percent of the marriage’s length. For a marriage of more than fifteen up to twenty years, the suggested range is thirty to forty percent. For a marriage of more than twenty years, the suggested range is thirty-five to fifty percent. The statute describes this schedule as something a court “may” determine duration in accordance with, language that makes clear the schedule is a guideline rather than a mandatory rule.

Critically, the same subdivision expressly preserves the court’s ability to award maintenance without a fixed duration, meaning a court can order non-durational, or indefinite, maintenance in an appropriate case notwithstanding the advisory schedule. Whether a case supports that outcome depends on the same factors a court considers in setting the amount and duration of maintenance generally, including the parties’ ages and health, earning capacity, the marital standard of living, and each party’s contributions during the marriage, among the statute’s other enumerated factors. A long-term marriage, combined with a significant disparity in the spouses’ earning capacity or health, is the kind of fact pattern most often associated with a court considering non-durational maintenance, though the statute does not guarantee that outcome for any particular set of facts.

A Queens County spouse evaluating whether indefinite maintenance is realistic, in either direction, needs to look beyond the advisory duration percentages alone and consider the full set of statutory factors a court weighs, since the schedule itself does not determine the outcome by formula.

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

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., and the firm’s Of Counsel attorneys represent Queens County spouses in maintenance matters that raise the question of indefinite, or non-durational, maintenance under Domestic Relations Law § 236(B)(6). The firm’s process begins with calculating where the marriage falls within the statute’s advisory duration schedule, then evaluating whether the case’s specific facts, such as the length of the marriage, the parties’ ages and health, and any significant disparity in earning capacity, are the kind of facts that might support departing from that schedule toward a non-durational result.

Mr. Sris and the firm’s Of Counsel attorneys also address the reverse situation, where a client is concerned about being ordered to pay maintenance indefinitely, reviewing the same statutory factors to evaluate whether the facts support a durational award consistent with the advisory schedule instead. Because indefinite maintenance is the exception rather than the rule under the statute, the firm approaches each case by working through the full set of enumerated factors rather than assuming a particular outcome based on the marriage’s length alone.

The firm does not offer free consultations. Clients in Queens County who anticipate a dispute over the duration of maintenance, whether seeking or resisting an indefinite award, can schedule an appointment by calling the firm’s intake line, staffed for 24/7 phone intake. The firm’s Of Counsel attorneys contract directly with Law Offices Of SRIS, P.C. and work with Mr. Sris on Queens County matters as needed. The firm reviews the specific facts of each marriage before discussing how the duration question is likely to play out.

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

Mr. Sris founded Law Offices Of SRIS, P.C. in 1997 and continues to serve as its Owner and Founder. He is a former prosecutor, and his background in accounting and information systems from George Mason University supports his work on maintenance matters, which often require careful review of each spouse’s income, earning capacity, and financial documentation. Mr. Sris is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. The firm’s Of Counsel attorneys contract directly with Law Offices Of SRIS, P.C.; collectively, Mr. Sris and the firm’s Of Counsel attorneys handle the firm’s Queens County maintenance matters, including cases involving a potential indefinite award.

The firm concentrates in family law, including spousal maintenance disputes, and does not guarantee that any specific case will result in an indefinite or a durational award, since that determination depends on the statutory factors as applied to a couple’s specific circumstances. Mr. Sris and the firm’s Of Counsel attorneys review each Queens County indefinite alimony matter individually, recognizing that the length of the marriage is only one of several factors a court considers.

Frequently Asked Questions

Does New York still allow indefinite, or “permanent,” alimony?

Yes. Domestic Relations Law § 236(B)(6) expressly preserves a court’s ability to award non-durational, meaning indefinite, maintenance in an appropriate case, notwithstanding the statute’s advisory duration schedule. Indefinite maintenance is the exception rather than the rule, and whether it applies depends on the same statutory factors a court considers in setting maintenance generally. An indefinite alimony lawyer serving Queens County can review whether a specific marriage’s facts are likely to support this outcome.

How does the advisory duration schedule work?

The schedule ties maintenance duration to the length of the marriage: fifteen to thirty percent of the marriage’s length for marriages up to fifteen years, thirty to forty percent for marriages between fifteen and twenty years, and thirty-five to fifty percent for marriages over twenty years. The statute describes this schedule as something a court “may” apply, meaning it functions as a guideline rather than a fixed rule. An indefinite alimony lawyer serving Queens County can calculate where a specific marriage falls within this schedule.

What factors might lead a court to award maintenance without a set end date?

The statute does not guarantee a non-durational award for any particular fact pattern, but courts considering this outcome often look at factors such as the length of the marriage, the parties’ ages and health, significant disparities in earning capacity, and the marital standard of living, among the other enumerated factors in Domestic Relations Law § 236(B)(6). An indefinite alimony lawyer serving Queens County can review how these factors apply to a specific marriage.

Can indefinite maintenance ever be changed later?

Maintenance generally terminates upon the death of either party or the payee’s remarriage, whether that remarriage is later found valid or invalid, or upon modification. The statute also directs courts to consider anticipated retirement benefits and treats a payor’s actual retirement, with a substantial reduction in income, as a basis for modification. An indefinite alimony lawyer serving Queens County can discuss how these provisions might apply to an existing or anticipated award.

Does a long marriage automatically mean indefinite maintenance will be awarded?

No. A long-term marriage is one fact courts often associate with non-durational maintenance, but Domestic Relations Law § 236(B)(6) does not guarantee that outcome based on marriage length alone. The court weighs the full set of statutory factors, including earning capacity, health, and the marital standard of living, before determining whether an indefinite award is appropriate. An indefinite alimony lawyer serving Queens County can review how these factors apply together in a specific case.

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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