Spousal Support Lawyer New York

New York law recognizes that a marriage’s end can leave one spouse at a financial disadvantage relative to the other, particularly after years in which one spouse earned less, stepped back from a career, or supported the household in other ways. Spousal support, sometimes called maintenance, is the general term for payments one spouse makes to the other in connection with a divorce or separation, and it covers two distinct phases: support paid while a divorce case is pending, and support paid after the divorce is finalized. New York’s guideline formulas for both phases are set out in Domestic Relations Law § 236(B), which addresses temporary maintenance in subdivision 5-a and post-divorce maintenance in subdivision 6. Mr. Sris and the firm’s Of Counsel attorneys represent spouses seeking spousal support and spouses responding to a support request, working through the statutory guideline calculations, the factors that can support a deviation from those guidelines, and the practical financial disclosure both cases require. Because a spousal support determination can affect a household’s finances for years, understanding how the guideline formulas apply to a particular income situation matters early in a case, not only at its conclusion. Spouses facing a divorce or separation involving a support question, on either side of the issue, can request a consultation to review their circumstances. Call (888) 437-7747 to request a consultation.

On this page

What Spousal Support Means in New York

Spousal support is the general umbrella term for financial support one spouse pays to the other in connection with a divorce, and in New York it is more precisely called “maintenance.” The topic actually covers two distinct statutory frameworks under Domestic Relations Law § 236(B): temporary maintenance under subdivision 5-a, which applies while a divorce case is pending, and post-divorce maintenance under subdivision 6, which applies after the divorce judgment is entered. Both subdivisions use a similar guideline-formula structure, calculating a presumptive award based on each spouse’s income, and both apply that formula only up to a statutory “income cap” on the higher-earning spouse’s income; income above the cap is addressed at the court’s discretion under listed factors rather than through the formula itself. The statute sets this income cap at a base figure of $184,000, with the text directing that the figure increase every two years according to a formula tied to the Consumer Price Index, and that the Office of Court Administration determine and publish the resulting current figure; because the statute itself states only the $184,000 base and the adjustment mechanism, this page does not state a current-year dollar figure, which should be confirmed against the Office of Court Administration’s published guideline chart for the relevant date.

For post-divorce maintenance, Domestic Relations Law § 236(B)(6) also includes an advisory schedule tying a suggested duration of payments to a percentage of the marriage’s length, with longer marriages generally supporting a longer suggested duration. This schedule is expressly advisory, using the word “may,” and the statute preserves the court’s ability to award maintenance without a fixed end date in an appropriate case notwithstanding the schedule. Both subdivisions also protect a self-support reserve for the paying spouse, a floor below which a maintenance award generally should not reduce that spouse’s income, though the statute defines that reserve by reference to a periodically updated federal poverty guideline rather than as a fixed dollar amount.

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

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who founded the firm in 1997 and is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris and the firm’s Of Counsel attorneys represent spouses in spousal support matters at both stages recognized under New York law: temporary maintenance requested while a divorce is pending under Domestic Relations Law § 236(B)(5-a), and post-divorce maintenance decided as part of the final divorce judgment under Domestic Relations Law § 236(B)(6). Because both frameworks apply a guideline formula up to a statutory income cap and then shift to a discretionary analysis above that cap, the firm’s approach starts with a careful review of each spouse’s income and the documentation needed to support it, since the formula outcome depends directly on accurate income figures for both spouses. The firm’s Of Counsel attorneys contract directly with the firm and work through the statutory deviation factors when a client’s situation calls for an award different from the guideline amount, addressing considerations such as the marital standard of living, each spouse’s earning capacity, and the effect of maintenance on any child support obligation. For post-divorce maintenance, the firm also addresses the statute’s advisory duration schedule and the arguments available for a shorter, longer, or non-durational award depending on the length of the marriage and the parties’ circumstances. Spouses anticipating or responding to a spousal support claim in a New York divorce can request a consultation to review how these guideline formulas are likely to apply to their income situation.

Attorney Background

Mr. Sris founded the firm in 1997 after beginning his legal career as a former prosecutor. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and financial issues arising in divorce, including spousal support, make up a regular part of his practice. His background in accounting and information systems from George Mason University has been applied within the firm’s caseload to income and financial disclosure questions that arise in maintenance cases. Mr. Sris and the firm’s Of Counsel attorneys handle temporary and post-divorce maintenance matters throughout New York. The firm’s Of Counsel attorneys contract directly with the firm rather than through any outside intermediary. The firm does not offer free consultations; prospective clients are instead invited to request a scheduled consultation to discuss a spousal support question. The intake line is staffed 24/7 for phone calls at (888) 437-7747, though attorney meetings themselves are by appointment. A spouse who wants to understand how the guideline formulas apply to their income, whether a deviation from the guideline amount may be appropriate, or how long a maintenance award might reasonably last, can use a scheduled consultation to review the specifics of their case with Mr. Sris and the firm’s Of Counsel attorneys.

Frequently Asked Questions

What is the difference between spousal support and alimony?

New York law uses the term “maintenance” rather than “alimony,” and “spousal support” is generally used as an umbrella term covering both. In practice, these terms refer to the same general concept: financial payments from one spouse to the other in connection with a divorce or separation.

What is the difference between temporary and post-divorce spousal support?

Temporary spousal support, sometimes called pendente lite maintenance, is paid while a divorce case is still pending, under Domestic Relations Law § 236(B)(5-a). Post-divorce maintenance is decided as part of the final divorce judgment under Domestic Relations Law § 236(B)(6) and can continue after the case concludes. Both use similar guideline formulas but serve different phases of a case.

How is a spousal support amount calculated in New York?

Domestic Relations Law § 236(B)(5-a) and (6) each set out a guideline formula based on both spouses’ incomes, applied up to a statutory income cap. Income above that cap is addressed at the court’s discretion under a list of statutory factors rather than through the formula. The exact current-year income cap is published by the Office of Court Administration rather than stated as a fixed number in the statute.

How long does spousal support last in New York?

For post-divorce maintenance, Domestic Relations Law § 236(B)(6) includes an advisory schedule suggesting a duration based on a percentage of the marriage’s length, but the schedule uses the word “may” rather than setting a mandatory duration, and the statute allows a court to award maintenance without a fixed end date in an appropriate case.

Can a spousal support award be changed after it is ordered?

Maintenance can be modified or terminated under circumstances recognized by New York law, including the death of either party or the remarriage of the receiving spouse, and post-divorce maintenance can also be modified based on a substantial change in circumstances, such as a payor’s retirement with a substantial reduction in income.

Does every divorce involve spousal support?

No. Whether spousal support applies depends on the specific financial circumstances of the marriage, including each spouse’s income and earning capacity. Many divorces resolve without any maintenance award because the guideline formula and the statutory factors do not support one on the facts presented.

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.