Spousal Support Lawyer Bronx County

Spousal support questions come up at two different points in a Bronx County divorce, and New York law treats them as two related but distinct calculations. While the divorce is pending, a lower-earning spouse may need temporary maintenance to cover living expenses, governed by Domestic Relations Law § 236(B)(5-a). Once the divorce is finalized, a separate post-divorce maintenance determination under DRL § 236(B)(6) addresses ongoing support after judgment. Both provisions use a similar guideline-formula structure, built around each spouse’s income up to a statutory income cap, with the cap’s base figure set in the statute itself at $184,000 of the payor’s annual income and increasing every two years according to a Consumer Price Index-based formula that the Office of Court Administration determines and publishes. The statute’s own text does not state the current, adjusted dollar figure; it establishes only the base amount and the biennial adjustment mechanism. Understanding how these two maintenance provisions work together, and what factors can move an award above or below the guideline amount, is central to any Bronx County spousal support case. Mr. Sris and the firm’s Of Counsel attorneys represent Bronx County clients on both sides of spousal support matters. The firm does not offer free consultations, and phone intake is staffed 24/7. Call (888) 437-7747 to schedule a consultation about a Bronx County spousal support matter.

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What Spousal Support Means in Bronx County

DRL § 236(B)(5-a) governs temporary maintenance while a Bronx County divorce is pending, using a formula built around the “payor” spouse’s and “payee” spouse’s income, applied up to the statutory income cap. The formula generally compares two calculations and applies the lower of the two, with different percentage offsets depending on whether the payor is also paying child support. Income above the cap is addressed separately, at the court’s discretion, guided by enumerated factors. A self-support reserve operates as a floor: maintenance cannot reduce the payor below that reserve, and where the payor’s income already falls below it, there is a rebuttable presumption against any award.

DRL § 236(B)(6) governs post-divorce maintenance using a parallel structure: the same type of guideline formula, the same statutory income-cap mechanism, and an additional advisory duration schedule tying the length of maintenance to a percentage of the marriage’s length, which the court may apply but is not required to follow rigidly; the statute expressly preserves the court’s ability to award non-durational maintenance in an appropriate case. Both provisions allow the court to deviate from the guideline amount based on enumerated factors, including each spouse’s age, health, earning capacity, and the marital standard of living, among others, provided the court states its reasoning in writing or on the record. Maintenance under either provision terminates upon the death of either party or the payee’s remarriage, or upon later modification.

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

Mr. Sris and the firm’s Of Counsel attorneys start a spousal support matter by identifying which stage of the case is at issue: temporary maintenance under DRL § 236(B)(5-a) while the divorce is pending, or post-divorce maintenance under DRL § 236(B)(6) as part of the final judgment. Because both use a similar but distinct guideline-formula structure, the firm helps the client understand which calculation applies and how it interacts with the parties’ actual income documentation.

For a client who may be entitled to support, the firm works to establish accurate income figures for both spouses and evaluates whether facts exist that could support a deviation from the guideline amount, whether upward or downward. For a client who may owe support, the firm reviews the same income documentation and evaluates the same statutory factors from the payor’s perspective, including how the self-support reserve and the applicable income cap affect the analysis.

The firm represents clients in both negotiated support agreements and contested maintenance hearings in the New York State trial courts in Bronx County. The firm does not state a specific current dollar income-cap figure, since the statute itself sets only a base amount with a biennial adjustment mechanism that the Office of Court Administration publishes; clients should expect the firm to reference the applicable current guideline chart directly rather than a fixed number. The firm does not guarantee any particular support outcome, since the result depends on the statutory factors applied to the specific facts.

Attorney Background

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., founded the firm in 1997 after working as a prosecutor, which included direct experience with contested proceedings and the presentation of evidence. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and holds a background from George Mason University in accounting and information systems that he has applied to complex financial and technology-related matters, including the income analysis that spousal support calculations require.

Mr. Sris and the firm’s Of Counsel attorneys represent Bronx County clients in temporary and post-divorce spousal support matters. The firm’s principal office is in Fairfax, Virginia, and meetings connected to a Bronx County matter are arranged by appointment. The firm concentrates in family law matters, including spousal support and maintenance.

Frequently Asked Questions

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

Temporary maintenance under DRL § 236(B)(5-a) applies while a divorce is pending. Post-divorce maintenance under DRL § 236(B)(6) applies after the divorce is finalized. Both use a similar guideline-formula structure but are calculated and awarded at different stages of the case.

Is there an income cap on spousal support calculations?

Yes. Both DRL § 236(B)(5-a) and DRL § 236(B)(6) apply the guideline formula up to a statutory income cap, with a base figure of $184,000 set in the statute, increasing every two years by a Consumer Price Index-based formula published by the Office of Court Administration; the statute itself does not state the current adjusted figure.

Does the guideline formula always determine the final support amount?

Not always. Both provisions allow the court to deviate from the guideline amount based on enumerated statutory factors, such as age, health, earning capacity, and the marital standard of living, provided the court states its reasoning in writing or on the record.

How long does post-divorce maintenance last?

DRL § 236(B)(6) includes an advisory schedule tying maintenance duration to a percentage of the marriage’s length, but the court is not required to follow it rigidly, and the statute expressly preserves the court’s ability to award non-durational maintenance in an appropriate case.

When does spousal support end?

Maintenance under either DRL § 236(B)(5-a) or DRL § 236(B)(6) terminates upon the death of either party or the payee’s remarriage, or upon a later court modification.

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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