Indefinite Alimony Lawyer Suffolk County

When a Suffolk County marriage lasting many years ends in divorce, one spouse may ask the court to award maintenance that continues indefinitely rather than for a fixed number of years. New York law calls this post-divorce, or final, maintenance, and whether it should be time-limited or open-ended is often one of the most contested issues in a long-term marriage case. Law Offices Of SRIS, P.C. represents spouses in Suffolk County matrimonial matters who are pursuing or responding to a request for indefinite maintenance, working through the statutory factors a court must weigh before departing from the advisory duration guidelines. Every case is different, and the firm does not guarantee any particular outcome. To discuss how New York’s maintenance statute may apply to your circumstances, call (888) 437-7747 to request a scheduled consultation.

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Post-Divorce Maintenance and New York’s Advisory Duration Schedule

New York’s post-divorce maintenance statute, N.Y. Domestic Relations Law § 236(B)(6), governs whether and how long a spouse must pay maintenance after a divorce is finalized. The statute sets out an advisory schedule tied to the length of the marriage: for marriages of zero to fifteen years, the guideline range is fifteen to thirty percent of the length of the marriage; for marriages of fifteen to twenty years, thirty to forty percent; and for marriages longer than twenty years, thirty-five to fifty percent. Because the statute uses the word “may” rather than “shall” in describing this schedule, the durational guideline is advisory rather than mandatory. Critically, § 236(B)(6) expressly preserves a court’s authority to award non-durational, or indefinite, maintenance in an appropriate case, notwithstanding the advisory schedule. This is the statutory basis for what is commonly called indefinite or permanent alimony in a long-term New York marriage. In setting both the amount and the duration of maintenance, a Suffolk County court must consider the statute’s fifteen enumerated adjustment factors, which include each spouse’s age and health, earning capacity, the education or training a lower-earning spouse may need to become self-supporting, the effect that terminating child support will have on a maintenance award, dissipation of marital assets, the impact of any documented domestic violence on a spouse’s earning capacity, the standard of living established during the marriage, how equitable distribution and imputed income on distributed property affect the need for maintenance, and a payee spouse’s contributions as a spouse, parent, or homemaker, among others. When a court deviates from the advisory schedule in either direction, it must state its reasoning in writing or on the record. Maintenance awarded under this statute terminates automatically upon the death of either party or upon the payee’s remarriage, whether that remarriage is later found valid or invalid.

The Income Cap, the Self-Support Reserve, and Temporary Maintenance

New York’s maintenance formula applies to income up to a statutory base cap of $184,000, which is adjusted every two years for inflation using the Consumer Price Index for All Urban Consumers, as published by the Office of Court Administration. Because that adjustment occurs on a recurring schedule, Law Offices Of SRIS, P.C. does not state a current adjusted figure here; the applicable cap in any given case depends on when the case is being decided. Above the income cap, additional maintenance is not calculated by formula but is instead left to the court’s discretion, applying the same statutory factors discussed above. The statute also protects a paying spouse’s basic needs: guideline maintenance cannot reduce the payor’s income below the self-support reserve. Separately, § 236(B)(5-a) sets out a parallel formula for temporary maintenance, meaning support paid while a divorce is pending rather than after judgment. Temporary maintenance uses the same basic formula structure and the same $184,000 base income cap as post-divorce maintenance, but it is a distinct award governed by a different subdivision, and it does not by itself determine what final, post-divorce maintenance a court will later order. Because indefinite maintenance concerns the final, post-divorce award rather than the temporary award, the distinction between these two subdivisions often matters in a Suffolk County case where a long-term marriage is at issue.

Suffolk County Matrimonial Court Proceedings

A contested maintenance dispute arising from a Suffolk County divorce would typically be filed in Suffolk County Supreme Court, located at 1 Court Street, Riverhead, NY 11901, within the 10th Judicial District. Litigating a request for indefinite maintenance in that court generally involves financial disclosure from both spouses, testimony or documentary evidence addressing the statutory factors, and, where the parties cannot agree, a judicial determination of both the amount and duration of any award. Because the outcome depends heavily on the specific facts of a marriage, including its length, the parties’ respective earning histories, and any imputed income from distributed marital property, careful preparation of the financial record is often central to a maintenance case.

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 financial analysis often required in long-term marriage maintenance disputes, including income imputation and asset-related support issues.

Mr. Sris and the firm’s Of Counsel attorneys assist clients with New York maintenance matters, including requests for indefinite, post-divorce maintenance in Suffolk County matrimonial cases. Law Offices Of SRIS, P.C. does not maintain a physical location in Suffolk County, and the firm does not offer free consultations; consultations are scheduled by appointment. The firm’s intake line is staffed 24/7 at (888) 437-7747. The firm does not guarantee any particular outcome in any matter.

Frequently Asked Questions

What does “indefinite alimony” mean under New York law?

New York’s maintenance statute, DRL § 236(B)(6), does not use the term “indefinite alimony.” It refers to post-divorce maintenance and sets out an advisory duration schedule tied to the length of the marriage. The statute expressly allows a court to award non-durational, or open-ended, maintenance in an appropriate case, notwithstanding that schedule, which is what people commonly mean by indefinite alimony.

How long do New York courts typically award maintenance in a long marriage?

The statute’s advisory schedule suggests thirty-five to fifty percent of the marriage’s length for marriages longer than twenty years, but this is a guideline, not a mandatory rule. A Suffolk County court considers the statutory factors and may award maintenance for a longer, shorter, or indefinite period depending on the facts, so long as it explains any departure from the guideline.

Does New York have a cap on income used to calculate maintenance?

Yes. The statute applies a base income cap, adjusted every two years for inflation based on the Consumer Price Index as published by the Office of Court Administration. Above that cap, any additional maintenance is awarded at the court’s discretion using the statutory factors rather than a formula.

When does maintenance end?

Maintenance awarded under DRL § 236(B)(6) terminates upon the death of either party or upon the remarriage of the spouse receiving support, including a remarriage later found to be invalid.

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

Temporary maintenance, governed by DRL § 236(B)(5-a), is paid while a divorce case is pending and uses a formula with the same base income cap. Post-divorce, or final, maintenance under § 236(B)(6) is decided at the end of the case and is the type of award most often described as indefinite or permanent alimony.

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

A contested matrimonial action 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. have an office in Suffolk County?

No. The firm does not maintain a physical location in Suffolk County. Consultations are scheduled by appointment, and the firm’s intake line is staffed 24/7 at (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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