Indefinite Alimony Lawyer Near Me
If you are searching for an indefinite alimony lawyer near you in New York, you are likely facing a divorce or post-divorce proceeding where long‑term spousal support is at issue. Indefinite alimony—often called non‑durational maintenance—is financial support that continues without a fixed end date. It is awarded only in limited circumstances under New York law. Law Offices Of SRIS, P.C. represents clients throughout New York in alimony and spousal maintenance matters. Mr. Sris, Owner and Founder, together with the firm’s Of Counsel attorneys, handle these cases from the firm’s Buffalo location and by appointment across the state. For a consultation, reach our firm at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Indefinite Alimony Means in New York
Under New York’s Domestic Relations Law, spousal maintenance is determined by a statutory formula for temporary support and a set of factors for post‑divorce awards. Indefinite alimony—more precisely called non‑durational maintenance—is awarded when the payee spouse cannot become self‑supporting even after receiving rehabilitative support for a reasonable period. This is not automatic; the court must make specific findings under DRL § 236(B)(6). The central question is whether the recipient’s earning capacity is so compromised by age, health, or the long absence from the workforce that becoming fully self‑supporting is unlikely.
New York courts consider the duration of the marriage, each party’s age and health, the present and future earning capacities, the need of one party and the ability of the other to pay, and the equitable distribution of marital property. Indefinite maintenance is most common after long marriages where one spouse sacrificed career opportunities for the family. Unlike temporary maintenance, which uses a guideline formula, indefinite maintenance is fact‑specific and requires a thorough evidentiary presentation. Mr. Sris and the firm’s Of Counsel attorneys appear in Supreme Court in counties across New York, including Erie County (where the firm’s Buffalo location is situated), Nassau, Suffolk, Westchester, and the five boroughs of New York City.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Indefinite Alimony Cases
Every indefinite alimony case in New York is a high‑stakes financial matter. The approach begins with a careful analysis of the statutory factors. Mr. Sris and the firm’s Of Counsel attorneys examine the marital lifestyle, the health and vocational history of both spouses, experienced attorney vocational and medical evidence where needed, and the income and asset landscape after equitable distribution. The goal is to present a complete picture to the court—whether advocating for the award of indefinite maintenance or defending against a claim that such an award is necessary.
Because indefinite alimony can extend for the lifetime of the recipient or until a substantial change in circumstances, the litigation often involves detailed financial discovery, forensic accounting, and actuarial projections. The firm works with qualified financial professionals to develop the evidence necessary to support or challenge a claim for non‑durational maintenance. Throughout the process, Mr. Sris and the firm’s Of Counsel attorneys keep clients informed of the realistic range of possible outcomes and the timeline, which varies by county and court calendar.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris founded Law Offices Of SRIS, P.C. in 1997. A former prosecutor, he is admitted to practice in New York, as well as in Virginia, Maryland, the District of Columbia, and New Jersey. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). The firm’s Of Counsel attorneys bring substantial experience in family law and litigation. Together, Mr. Sris and the firm’s Of Counsel attorneys handle indefinite alimony matters throughout New York. The firm has represented clients in a wide range of family law cases since 1997. Results may vary.
Frequently Asked Questions
What exactly is indefinite alimony in New York?
Indefinite alimony in New York is a form of spousal maintenance that continues without a fixed termination date, awarded when the recipient cannot become self‑supporting. Under DRL § 236(B), the court may award non‑durational maintenance after considering all statutory factors, including the duration of the marriage, age, health, and earning capacity of both parties. It is not permanent in the sense that it can never be modified; a substantial change in circumstances may warrant a modification or termination. The term “indefinite” means the court does not set an end date at the time of the award.
When does a New York court award indefinite alimony?
A court awards indefinite alimony only when the payee spouse demonstrates that, even after receiving rehabilitative maintenance, they cannot become self‑supporting. This typically arises after long‑term marriages where one spouse has been out of the workforce for many years, has a disability, or is of advanced age. The court must make specific factual findings that the recipient’s earning capacity is unlikely to improve enough to allow self‑support. The payor spouse’s ability to pay is also critical; the award must be fair and not impose an undue hardship.
What factors does the court weigh in an indefinite alimony case?
New York courts weigh over a dozen statutory factors, including the age and health of both parties, the duration of the marriage, the present and future earning capacity, the need of the payee and the ability of the payor to pay, and the equitable distribution of marital property. The court also looks at the contributions of each spouse to the career potential of the other, the loss of earning capacity from having foregone employment, and the standard of living during the marriage. No single factor is dispositive; the judge balances all of them to reach an outcome that is fair under the circumstances.
Can indefinite alimony be modified or ended later?
Yes, indefinite alimony can be modified or terminated if there is a substantial change in circumstances, such as the recipient’s remarriage, a significant improvement in their earning capacity, or the retirement of the payor. Either party may petition the court for a modification. The moving party must prove that the change is unanticipated, substantial, and renders the current support order unfair. The court will reassess the financial situation of both parties under the same statutory framework that governed the original award.
Do I need a lawyer for an indefinite alimony case in New York?
While you are not legally required to have a lawyer, an indefinite alimony proceeding involves complex financial and legal issues that can affect you for many years. An experienced attorney can help you gather the necessary evidence, present vocational and medical testimony, and argue for a support structure that reflects your actual circumstances. Because indefinite awards are highly fact‑specific, self‑representation often leads to outcomes that do not fully account for long‑term needs or abilities. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
How do I find an indefinite alimony lawyer near me?
You can find an attorney by searching for experienced family law lawyers in your area, checking bar association directories, and reviewing verified client reviews. Look for attorneys who concentrate in New York matrimonial law and have experience with high‑asset or long‑term maintenance cases. Many clients find the firm through referrals from other professionals. For a consultation, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437-7747. Appointments are available at our Buffalo location and by arrangement throughout New York.
Additional information on New York alimony law is available from the New York alimony lawyer page, the New York spousal support lawyer page, and the New York divorce lawyer page.
For official New York legal resources, visit the New York State Unified Court System and the New York Domestic Relations Law.
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.