Spousal Support Lawyer Brooklyn

New York divorce law recognizes two distinct forms of spousal support, and Brooklyn spouses navigating a Kings County Supreme Court case often need to understand both before their case reaches a final hearing. The first, temporary maintenance, applies while a divorce case is pending and is designed to maintain a reasonable standard of living for the lower-earning spouse during the litigation itself. The second, post-divorce maintenance, applies after a final judgment and addresses support going forward, sometimes for a defined period and sometimes on a longer-term basis depending on the marriage. Both forms of support are calculated under formulas set out in New York’s Domestic Relations Law, and both use the same statutory income cap as a starting point, though the specific formula and factors differ depending on which phase of the case is involved. For Brooklyn spouses, understanding which type of support applies at a given stage, and how a court may adjust the guideline result based on the facts of the marriage, is central to planning for a divorce. Law Offices Of SRIS, P.C. represents clients in Kings County Supreme Court matters involving both temporary and post-divorce maintenance, working to apply the correct statutory formula and to present the factors relevant to any request to deviate from the guideline amount. The firm does not offer free consultations, but it works with Brooklyn clients to explain how these two forms of support may apply to their specific income situation and length of marriage. To discuss a Brooklyn spousal support matter, call (888) 437-7747 to schedule a consultation.

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What Spousal Support Means in Brooklyn

New York recognizes two separate categories of spousal support in a divorce case. Temporary maintenance, governed by DRL §236(B)(5-a), applies while a Kings County divorce case is pending and uses a statutory income-shares formula to calculate a guideline award. The statute identifies the higher-earning spouse as the payor and the lower-earning spouse as the payee, and applies an income cap, described in the statute as up to and including one hundred eighty-four thousand dollars of the payor’s income, as the starting point for the guideline calculation. Beginning March 1, 2020, and every two years thereafter, this cap adjusts according to a formula tied to the Consumer Price Index for All Urban Consumers, with the state’s Office of Court Administration determining and publishing the current adjusted figure. The formula also differs depending on whether the payor is separately paying child support, and it includes a self-support reserve below which there is a rebuttable presumption against any award. A court may deviate from the guideline result based on statutory factors, but must issue written findings explaining any deviation. Temporary maintenance ends no later than the entry of the divorce judgment or the death of either party.

DRL §236(B)(6) governs post-divorce maintenance, which applies after the divorce judgment is entered. It uses a formula structure similar to the temporary-maintenance calculation and the same statutory base income cap, subject to the same biennial CPI-U adjustment described above. The statute also includes an advisory schedule tied to how long the marriage lasted, which a court may use as a guide, but the court retains authority to award maintenance for a duration outside that advisory schedule, including non-durational maintenance in an appropriate case, so the schedule functions as guidance rather than a fixed mandatory rule.

Because the temporary-maintenance phase involves its own procedural details, a dedicated discussion of temporary spousal support in Brooklyn is available on this site as a separate topic, while this page addresses spousal support in Kings County more generally, across both phases of a case.

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

Mr. Sris and the firm’s Of Counsel attorneys work with Brooklyn clients on both phases of spousal support, applying the temporary-maintenance formula under DRL §236(B)(5-a) at the outset of a Kings County divorce case and the post-divorce maintenance framework under DRL §236(B)(6) as a case moves toward judgment. Because both formulas depend on accurate income figures for each spouse, the firm works to gather and verify income documentation early, including any self-employment or variable income that can complicate a guideline calculation.

When a client’s case presents facts that may justify deviating from the guideline result, such as circumstances relevant to the statutory deviation factors, the firm prepares the documentation and argument needed to support written findings from the court on that issue. For post-divorce maintenance, the firm also discusses with clients how the advisory duration schedule tied to marriage length may apply to their case, while making clear that the schedule is a guide rather than a guarantee, since the court retains discretion to award a different duration, including non-durational maintenance, based on the facts presented.

Mr. Sris and the firm’s Of Counsel attorneys handle spousal support matters as part of a broader Kings County matrimonial practice, coordinating maintenance requests with related issues such as property division and, where applicable, child support, so that a client’s overall financial position after divorce is addressed consistently rather than piecemeal. The firm practices in matrimonial law throughout the jurisdictions where its attorneys are admitted and brings that experience to Brooklyn spouses evaluating a temporary or post-divorce maintenance claim.

About the Firm

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., founded the firm in 1997 and is a former prosecutor. His background in accounting and information systems from George Mason University has been applied to complex financial and technology-related cases, including matters involving income calculations relevant to spousal support. Mr. Sris is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He works alongside the firm’s Of Counsel attorneys, and this page refers to them collectively, together with Mr. Sris, as Mr. Sris and the firm’s Of Counsel attorneys, rather than naming individual attorneys. The firm’s matrimonial practice in Kings County includes both temporary and post-divorce maintenance matters.

The firm’s principal office is located at 4008 Williamsburg Court, Fairfax, VA 22032, and the firm does not operate a physical location in Brooklyn or elsewhere in Kings County. Clients in Brooklyn are served by appointment, with intake handled by phone. This structure allows Mr. Sris and the firm’s Of Counsel attorneys to represent clients in Kings County Supreme Court spousal support matters while maintaining a single principal office. A spouse considering a support matter in Brooklyn can call the firm to discuss scheduling an appointment.

Frequently Asked Questions

What is the difference between temporary and post-divorce maintenance?
Temporary maintenance, governed by DRL §236(B)(5-a), applies while a Kings County divorce case is pending and is intended to address support during the litigation itself. Post-divorce maintenance, governed by DRL §236(B)(6), applies after a final divorce judgment and addresses support going forward, sometimes for a set duration. Both use similar income-shares formulas and the same statutory base income cap, but temporary maintenance automatically ends no later than the entry of the divorce judgment or the death of either party, while post-divorce maintenance is the support arrangement that follows the case.

How is the income cap for spousal support maintenance calculated?
DRL §236(B)(5-a) and DRL §236(B)(6) both apply a statutory base income cap of one hundred eighty-four thousand dollars of the payor’s income to the guideline formula. Beginning March 1, 2020, and every two years thereafter, this base adjusts according to a Consumer Price Index-based formula, with the state’s Office of Court Administration determining and publishing the current adjusted figure. Because the current adjusted number changes periodically and is set by OCA rather than stated directly in the statute, a specific case requires confirming the figure in effect at the relevant time rather than relying on the original base alone.

Does temporary maintenance continue after the divorce is finalized?
No. Under DRL §236(B)(5-a), temporary maintenance ends no later than the entry of the divorce judgment or the death of either party, whichever occurs first. Once the judgment is entered, any ongoing spousal support is governed instead by DRL §236(B)(6), the post-divorce maintenance statute, which may or may not result in an award, and which uses its own formula and, where applicable, an advisory duration schedule. Spouses should not assume a temporary maintenance award automatically continues at the same amount once the divorce is final.

Is the duration schedule for post-divorce maintenance mandatory?
No. DRL §236(B)(6) includes an advisory schedule tied to how long the marriage lasted, which a court may consult as a guide when deciding how long a post-divorce maintenance award should last. The statute expressly preserves the court’s authority to award maintenance for a duration outside that advisory schedule, including non-durational, or permanent, maintenance in an appropriate case. This means the schedule informs the court’s decision without binding it, and the actual duration in a specific Kings County case depends on the facts presented.

Can a Kings County court deviate from the guideline maintenance amount?
Yes. Both DRL §236(B)(5-a) and DRL §236(B)(6) allow a court to deviate from the formula-based guideline amount when statutory factors support a different result. When a court deviates from the guideline, the statute requires the court to set forth written findings explaining the factors it considered and why the guideline amount was unjust or inappropriate. This means a deviation is not automatic and must be supported by a reasoned, documented explanation from the court.

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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