Indefinite Alimony Lawyer Staten Island

Most post-divorce maintenance awards in New York end after a set period, but the law also allows a court to award maintenance without a fixed end date in an appropriate case. Staten Island spouses in a long marriage, or facing a significant and lasting disparity in earning capacity, often want to know when this kind of open-ended award is available and how it differs from the more common durational award. Law Offices Of SRIS, P.C. advises clients on New York’s maintenance statute and how the duration analysis works. Call (888) 437-7747 to request a scheduled consultation; the firm does not offer free consultations. This page explains the statutory basis for non-durational maintenance.

On this page

The Duration Framework Under § 236(B)(6)

Domestic Relations Law § 236(B)(6) sets out an advisory schedule tying maintenance duration 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%. The statute directs the court to consider the same factors used for the amount determination when setting duration, and it requires the court to state its reasoning. This schedule guides most cases, but it is advisory rather than mandatory, meaning a court is not bound to select a duration within the stated percentage range in every case. The same subdivision that sets out the duration schedule also sets the amount formula, so a maintenance request typically addresses both pieces together: how much is owed under the guideline calculation, and for how long the obligation should run given the length of the marriage and the enumerated statutory factors. The firm walks clients through both parts of the analysis before discussing what a realistic maintenance outcome might look like.

When Non-Durational Maintenance Is Available

Domestic Relations Law § 236(B)(6) expressly preserves a court’s ability to award non-durational, meaning indefinite or lifetime, maintenance in an appropriate case, notwithstanding the advisory duration schedule. The statute lists fifteen factors relevant to both amount and duration, including the age and health of the parties, the payee’s earning capacity, the equitable distribution of marital property, and each spouse’s contributions during the marriage, among others. Maintenance, whether durational or non-durational, terminates upon the death of either party or the payee’s remarriage, and the statute directs the court to consider a payor’s anticipated retirement, treating an actual retirement accompanied by a substantial income decrease as a potential basis for a party to seek modification. Because indefinite maintenance departs from the advisory schedule, a request for this kind of award typically requires a detailed factual presentation addressing the statutory factors. Situations that more commonly raise the question include a long marriage where one spouse left the workforce for an extended period to support the household, or circumstances involving a significant, lasting disparity in health or earning capacity between the spouses. The firm reviews a client’s specific circumstances against the fifteen statutory factors before discussing whether an indefinite award is a realistic goal for a given case. Because both the amount and duration of maintenance are assessed together under the same statutory factors, a client considering a non-durational request typically benefits from a clear, well-documented picture of the marriage’s length, the parties’ respective incomes, and any relevant health or earning-capacity issues from the outset.

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 long-term 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

Does New York law allow permanent alimony?

Domestic Relations Law § 236(B)(6) uses the term non-durational maintenance and expressly preserves a court’s ability to award it in an appropriate case, notwithstanding the advisory duration schedule that applies to most awards.

How long is maintenance typically awarded after a long marriage?

For a marriage of more than twenty years, the advisory schedule under § 236(B)(6) suggests 35% to 50% of the marriage’s length, though the court may depart from this schedule in an appropriate case.

Is the duration schedule mandatory?

No. The statute describes the schedule as something a court “may” apply; it is advisory rather than a fixed rule, and the court retains discretion to award a different duration, including a non-durational award.

Does indefinite maintenance ever end?

Yes. Non-durational maintenance still terminates upon the death of either party or the payee’s remarriage, and the statute allows a party to seek modification based on a substantial change such as the payor’s actual retirement.

What factors does a court weigh when deciding whether to award non-durational maintenance?

Section 236(B)(6) lists fifteen factors, including the parties’ ages and health, the payee’s earning capacity, the equitable distribution of marital property, and each spouse’s contributions during the marriage.

Does a short marriage ever qualify for non-durational maintenance?

The statute does not limit non-durational awards to any particular marriage length; the analysis depends on the enumerated factors and the specific facts of the case, though longer marriages more commonly present the circumstances that support this kind of award.

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.

Attorney advertising. Prior results do not guarantee a similar outcome.