New York Spousal Maintenance

Maintenance is what New York calls spousal support. A statutory guideline calculation produces a presumptive amount and an advisory duration, both keyed to the parties’ incomes and the length of the marriage. The guideline is a starting point rather than a ceiling or a floor, and the court can deviate when the presumptive result would be unjust or inappropriate. Law Offices Of SRIS, P.C. handles maintenance disputes throughout New York. Call (888) 437-7747.

Temporary and Post-Divorce Maintenance

Temporary maintenance covers the period while the action is pending and is intended to keep both households functioning until the case resolves. Post-divorce maintenance is decided at judgment and looks at a different set of considerations, including the standard of living during the marriage, the earning capacity of each party, and the time a supported spouse needs to become self-supporting. An award of temporary maintenance does not predict the post-divorce figure, and treating it as a preview is a common and costly mistake.

Deviation and Above-Cap Income

The guideline applies to payor income up to a statutory cap. Above that figure, the court decides whether to apply the formula to the excess, and it must explain its reasoning. The statutory factors are where an above-cap case is actually argued: the health and age of the parties, the presence of a child, the loss of earning capacity from time out of the workforce, and the wasteful dissipation of assets. Income that is variable, deferred, or paid through an entity requires proof about what is genuinely available.

Frequently Asked Questions

Is maintenance permanent?

Durational awards are the norm. The guideline provides an advisory duration tied to the length of the marriage, and the court can adjust it. Non-durational awards remain possible where age, health, or a long marriage makes self-support unrealistic.

Does remarriage end maintenance?

Remarriage of the recipient terminates maintenance. Cohabitation may also be a basis to modify or terminate, depending on the terms of the judgment or agreement and on what the proof shows about the arrangement.

Can a maintenance award be changed?

Post-divorce maintenance may be modified on a showing of a substantial change in circumstances, or on the grounds set by the parties’ agreement. Where maintenance was fixed by an agreement that survives the judgment, the agreement’s own terms usually control what can be revisited.

About Mr. Sris

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced since 1997. He is a former prosecutor, and that experience shapes how he reads the other side’s file and builds a record for the court. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background at George Mason University in accounting and information systems applies to complex financial and technology-related cases, which is where a contested matrimonial matter often turns. Mr. Sris and the firm’s Of Counsel attorneys handle New York matters together, with the division of work set at the start of the engagement.

Speak With Mr. Sris

Request a consultation. Reach our location at (888) 437-7747. Bring what you already have: tax returns, account statements, any agreement signed before or during the marriage, and a short written timeline. That material lets the first conversation move past intake and into the questions that decide your case.

Last updated: August 25, 2026

This page provides general information about New York family law 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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