Can I get alimony in New York

A spouse may be eligible for alimony, referred to in New York as spousal maintenance, if the court determines that financial support is appropriate after considering the statutory factors set out in the New York Domestic Relations Law. New York law provides for both temporary maintenance, paid while the divorce is pending, and post-divorce maintenance after the judgment. The court evaluates the income of each spouse, the length of the marriage, the age and health of the parties, and other relevant circumstances. Maintenance is not automatic; the party requesting support must demonstrate the need and the other party’s ability to pay. The amount and duration of maintenance are often calculated using a statutory formula that applies presumptive guidelines for temporary maintenance and advisory guidelines for post-divorce maintenance. The court may deviate from the formulaic result if the formula produces an unjust outcome. For a confidential discussion of your specific alimony questions, reach Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

How New York Courts Determine Alimony

Under New York Domestic Relations Law § 236(B), spousal maintenance is awarded based on a set of enumerated factors. For temporary maintenance, the statute provides a presumptive formula that takes into account the parties’ incomes and, in some cases, the existence of child support obligations. The formula yields a guideline amount that the court may adjust after considering additional equitable factors such as the spouse’s ability to become self-supporting, the need to care for children, and any wasteful dissipation of marital assets.

For post-divorce maintenance, the statute sets forth a separate advisory guideline formula that the court may consider, but it also examines the standard of living established during the marriage, the contributions made by the parties as homemaker or career partner, and the ability of the spouse receiving maintenance to achieve financial independence. The goal is to provide a fair transition, not to equalize incomes permanently. Importantly, the final maintenance order remains subject to the court’s discretion, and parties may negotiate a different arrangement through a separation agreement that is accepted by the court. Because each case presents unique financial and personal facts, the outcome cannot be predicted in advance, and retaining experienced family law counsel can help present a well-supported position.

Frequently Asked Questions

Who qualifies for alimony in New York?

Eligibility for alimony depends on whether the requesting spouse lacks sufficient income or resources to meet reasonable needs and whether the other spouse has the ability to pay. The court examines the marital standard of living, the duration of the marriage, each party’s age and health, and their present and future earning capacity. There is no automatic right to alimony; the spouse seeking maintenance must present evidence of need. The final determination is a discretionary decision guided by the factors listed in DRL § 236(B). Even a spouse who was the primary earner may be required to pay maintenance if the other spouse can show a legitimate financial shortfall.

How is the amount of alimony calculated?

New York applies a statutory formula that produces a guideline amount for temporary maintenance, while post-divorce maintenance uses an advisory guideline. The formula considers the parties’ incomes after certain deductions and, when child support is also being paid, calculates the maintenance amount after the child support obligation is determined. The court may adjust the guideline figure upward or downward if application of the formula would be unjust, considering factors such as the ability of the recipient to become self-supporting, the need to care for children or a disabled family member, and any wasteful dissipation of assets. The final award reflects what the judge finds equitable.

How long do alimony payments last?

The duration of post-divorce maintenance is determined by a statutory advisory guideline that uses a percentage of the marriage length as a reference point, but the court retains discretion to deviate. For marriages of less than 15 years, the advisory duration is typically between 15% and 30% of the length of the marriage; for longer marriages, the percentage increases, and for marriages of 20 years or more, the court may order maintenance of indefinite duration. The actual duration is influenced by the recipient’s ability to become self-supporting, the age and health of the parties, and other equitable factors. Maintenance may terminate earlier upon the remarriage of the recipient or the death of either party.

Is alimony the same as child support?

No, alimony (spousal maintenance) and child support are separate obligations governed by different statutory schemes. Alimony is financial support paid to a former spouse, while child support is paid for the care of the couple’s children. In New York, the Child Support Standards Act (DRL § 240) sets a percentage of combined parental income for child support, and maintenance is calculated first when both are at issue. The order awarding alimony does not replace the child support obligation, and modification of one does not automatically affect the other. Both may be addressed in the same divorce judgment.

Can alimony be modified after the divorce?

A maintenance award can be modified if there is a substantial change in circumstances, such as a significant loss of income or an illness that affects earning capacity. The party seeking modification must present evidence of the changed circumstances to the court that issued the original order. A mere desire to change the amount is not sufficient. The court retains continuing jurisdiction over maintenance, and either spouse may file a petition for modification. If the original maintenance obligation was set by an agreement, the terms of that agreement may restrict the court’s ability to modify, and the agreement will be enforced unless it is found to be unfair or unreasonable when made.

When does alimony end?

Alimony terminates upon the death of either party or the remarriage of the recipient, unless the court order or agreement provides otherwise. Additionally, the payor may seek termination if the recipient has become self-supporting or if there has been a substantial change in circumstances that makes continued payments unjust. Some orders specify an event, such as the recipient’s completion of an educational program, as a termination date. The payor must file a motion to terminate the obligation, and the burden is on the moving party to demonstrate that the condition for termination has been met. A lawyer can advise on the appropriate procedural steps.

Does fault affect alimony in New York?

New York is a no-fault divorce state, but marital fault can, in limited circumstances, be considered by the court when determining the amount and duration of maintenance. The court may take into account egregious conduct that shocks the conscience, such as severe physical abuse or an attempt to financially ruin the other spouse, if it is relevant to the equities of the case. Routine adultery or questionable behavior is not enough to change a maintenance outcome. The primary focus remains on financial need and the ability to pay, and the court will not conduct a trial on the marital misconduct unless it meets the high threshold of egregiousness.

Do I need a lawyer to get alimony?

You are not legally required to hire a lawyer, but alimony issues often involve complex financial disclosure and statutory calculations that benefit from professional guidance. An experienced family law attorney can help compile the required financial documentation, present evidence supporting your request for maintenance, and negotiate a settlement if possible. If the matter goes to trial, skilled representation can make a material difference in the outcome. Law Offices Of SRIS, P.C. offers consultation to discuss your specific situation. Call (888) 437-7747 to schedule a time to speak with Mr. Sris or a member of the firm’s Of Counsel team.

What is temporary maintenance?

Temporary maintenance, also called pendente lite maintenance, is financial support paid from one spouse to the other while the divorce action is pending. It is intended to preserve the financial status quo until a final judgment can be entered. The statute provides a presumptive formula for calculating temporary maintenance, which the court applies unless the formula yields a result that is unjust or inappropriate. The payor may be required to make payments directly to the recipient or through a support collection unit. The temporary award does not necessarily determine the final post-divorce maintenance obligation, but it can influence negotiations and the ultimate decision.

What if my spouse refuses to pay alimony?

If a court-ordered maintenance obligation is not paid, the recipient may seek enforcement through the court by filing a contempt or enforcement petition. The court has several enforcement tools, including wage garnishment, income execution, money judgments for arrears, and in some cases, holding the non‑paying spouse in contempt. The recipient should document all missed payments and any communication about them. An experienced family law attorney can help draft the necessary papers and present the case to the court. Before taking enforcement action, it is often beneficial to try to resolve the matter informally, but formal enforcement should not be delayed indefinitely.

About Mr. Sris and His Of Counsel

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor with extensive experience in family law matters. Mr. Sris and his Of Counsel bring extensive combined legal experience to alimony and divorce cases throughout New York. Results may vary. Founded in 1997, the firm represents clients across Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). To discuss alimony or any family law matter, call (888) 437-7747.

Additional New York family law resources:
New York County (Manhattan) Family Law Attorney |
Kings County (Brooklyn) Family Law Attorney |
Queens County (Queens) Family Law Attorney |
Nassau County Family Law Attorney

Primary legal sources:
New York Domestic Relations Law § 236 |
New York State Unified Court System

Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary.