Alimony Lawyer New York, NY
Alimony—also called spousal maintenance—is often one of the most contested issues in a New York divorce. Whether you are anticipating paying support or hoping to receive it, the financial stakes are high, and the statutory formula that governs maintenance in New York can be difficult to navigate without experienced legal guidance. Law Offices Of SRIS, P.C., founded in 1997, concentrates its practice on family law matters, including alimony disputes, across the five boroughs and throughout the state. Mr. Sris, Owner and Founder, and his Of Counsel bring over 120 years of combined legal experience to negotiations, settlement discussions, and litigation in New York County Supreme Court. Results may vary. To request a consultation about your alimony matter, reach our location at (888) 437-7747. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
What Alimony Means in New York, NY
In New York, spousal maintenance is governed by Domestic Relations Law § 236. The statute sets out two distinct types of maintenance: temporary maintenance, which is paid while the divorce is pending, and post-divorce maintenance, which starts after the judgment is entered. Both are calculated using a codified statutory formula that looks primarily at the incomes of the two spouses, although a court may deviate from the formula if the result would be unjust.
For couples divorcing in New York County (Manhattan), alimony matters are heard in the Supreme Court at 60 Centre Street, New York, NY 10007. Because New York is an equitable distribution state, the division of marital property and the maintenance award are interrelated; a spouse who receives a larger share of the marital assets may receive less maintenance, and vice versa. The court also has the power to enter an automatic order under DRL § 236 that freezes marital assets and prohibits changes to insurance coverage as soon as a divorce action is filed, which can affect the liquidity available for support payments.
How Mr. Sris and His Of Counsel Handle Alimony Cases
Mr. Sris and his Of Counsel approach every maintenance dispute by first building a clear picture of the couple’s finances. That typically includes analyzing tax returns, pay stubs, business records, and retirement account statements to establish income and earning capacity. When the parties are far apart, the firm may engage forensic accountants or vocational attorneys to trace hidden income or to evaluate a spouse’s ability to work.
Once the financial picture is clear, Mr. Sris and his Of Counsel work to resolve the matter through negotiation or mediation whenever doing so protects the client’s interests. If a voluntary agreement cannot be reached, the team is prepared to present a detailed case at a hearing in New York County Supreme Court. Throughout the process, clients are kept informed about how the statutory maintenance formula applies to their specific situation and what the likely range of a court-ordered award might look like based on the facts of the case.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has concentrated his practice on family law since 1997. A former prosecutor, he brings a trial attorney’s perspective to maintenance litigation, where cross-examination skills and the ability to challenge financial evidence can make a decisive difference. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).
All of the firm’s other attorneys serve in an Of Counsel capacity. Every Of Counsel has substantial experience in family law, and the team collectively draws on more than 120 years of combined legal background to handle alimony cases in New York and the surrounding jurisdictions. Mr. Sris and his Of Counsel have documented 4,739+ case results across all practice areas since 1997. Results may vary.
Frequently Asked Questions
How is alimony determined in New York?
New York determines alimony using a statutory formula that considers the incomes of both spouses and the duration of the marriage. For temporary maintenance, the formula establishes a presumptive guideline amount based on the parties’ gross incomes, and for post-divorce maintenance, a separate statutory formula sets both the amount and the length of payments. A court may adjust the formula result if the outcome would be inequitable, taking into account factors such as each spouse’s earning capacity, the contributions each made to the other’s career, and the couple’s standard of living during the marriage.
What factors do New York courts consider when awarding alimony?
New York courts weigh 20 statutory factors in setting maintenance, including the income and property of each spouse, the length of the marriage, and the age and health of the parties. Other factors include the need of one spouse to incur education or training expenses to become self-supporting, whether a spouse has forgone career opportunities during the marriage, and the contributions each spouse made as a homemaker. No single factor is dispositive; the court balances all of them to arrive at an award that is fair and reasonable under the circumstances.
How long does alimony last in New York?
The duration of post-divorce maintenance in New York is tied to the length of the marriage according to a statutory advisory schedule. For marriages lasting up to 15 years, maintenance is generally paid for 15% to 30% of the length of the marriage. For marriages of 15 to 20 years, the duration is typically 30% to 40% of the marriage length. Longer marriages may result in maintenance for 35% to 50% of the term. The court may deviate from these advisory durations when justified by the facts.
Can alimony be modified after the divorce?
Yes, New York allows a party to seek a modification of maintenance if there has been a substantial change in circumstances. Common reasons for modification include a significant decrease in the payor’s income, a loss of employment, a serious medical condition, or the recipient’s remarriage or cohabitation. Either party can file a post-judgment motion in the Supreme Court that issued the original divorce decree. The court will examine the new financial facts and decide whether the maintenance amount or duration should be adjusted.
What is temporary maintenance in New York?
Temporary maintenance is financial support paid by the higher-earning spouse to the lower-earning spouse while the divorce case is pending. The purpose is to maintain the status quo and ensure both parties can afford living expenses and legal fees during the litigation. New York’s Domestic Relations Law provides a formula that calculates a presumptive award based on the spouses’ incomes, and the order takes effect quickly after an application is made.
Do I need a lawyer for alimony in New York?
While you are not legally required to have an attorney, alimony determinations involve complex financial analysis and statutory rules that are difficult to handle without legal representation. An experienced family law attorney can help you present accurate income information, identify hidden assets, negotiate a settlement that reflects your true financial position, and advocate for a fair result if the matter goes to trial. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
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.