Can I get alimony in New York
Yes, you can get alimony in New York. In New York, alimony is formally called spousal maintenance, and it is governed by the Domestic Relations Law (DRL). The court has the authority to order maintenance payments from one spouse to the other both while the divorce is pending (temporary maintenance) and as part of the final judgment (post-divorce maintenance). Whether maintenance will be awarded depends on the specific financial situation of both spouses, the length of the marriage, and a number of statutory factors. New York uses a statutory formula to calculate temporary maintenance and provides guidelines for post-divorce awards. The process begins with the filing of a divorce action; once the action is commenced, a spouse may request pendente lite relief, which can include temporary maintenance. The court applies a set of statutory factors, including the income and property of each spouse, the duration of the marriage, the age and health of the parties, and the ability of the party seeking maintenance to become self-supporting. In 2015, New York enacted reforms that created a statutory formula for temporary maintenance to make awards more predictable, while still leaving the final determination within the court’s discretion. To discuss your alimony matter with Mr. Sris and his Of Counsel team, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
How Spousal Maintenance Is Determined in New York
Under New York Domestic Relations Law (DRL) § 236, the court must consider a comprehensive list of factors when deciding whether to award maintenance and in what amount. These include the income and property of each party, the duration of the marriage, the age and health of both spouses, the present and future earning capacity of each, the need of one party to incur education or training expenses to become self-supporting, and the wasteful dissipation of marital property. The court also examines the contributions of each spouse as homemaker and to the career potential of the other. While these factors guide the analysis, the central purpose of maintenance is to provide support to a spouse who cannot be self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage.
Temporary maintenance—known as pendente lite support—is awarded while the divorce is ongoing. The court calculates the presumptive amount using a statutory formula based on the parties’ incomes. The formula sets forth a method for determining the payor’s obligation after accounting for certain deductions and the payee’s own income. The court may deviate from the formula amount if it finds the result to be unjust or inappropriate after considering the statutory factors. Post-divorce maintenance, awarded in the final judgment, also follows a statutory formula that provides guidelines for the amount and duration of the award. The duration is closely tied to the length of the marriage; longer marriages generally result in longer periods of maintenance. In certain situations, the court may award nondurational maintenance for an indefinite duration, particularly when the recipient’s age or disability prevents self-support. The interplay between maintenance and equitable distribution of marital property is also a key consideration, as the property division can affect the need for maintenance.
How Mr. Sris and His Of Counsel Handle Alimony Claims
Mr. Sris and his Of Counsel approach alimony matters by building a complete picture of each client’s financial circumstances. They work to identify all sources of income, assess the value of marital and separate property, and evaluate the standard of living established during the marriage. Whether representing a spouse seeking maintenance or one facing an alimony claim, the team prepares detailed financial disclosures and works to present a clear and persuasive case for a fair outcome. They are familiar with the New York maintenance formula and the statutory factors that guide judicial discretion, and they use this knowledge to advocate effectively during negotiations and in court.
The firm handles alimony claims as part of the broader divorce process, including addressing temporary maintenance through pendente lite motions where immediate support is needed. Mr. Sris and his Of Counsel strive to resolve alimony disputes through settlement when possible, but they are prepared to litigate when the other side will not agree to reasonable terms. The team also assists with post-judgment modifications of maintenance when circumstances materially change, such as a substantial change in income, cohabitation, or remarriage. Each case receives focused attention, and the firm works toward achieving a resolution that protects the client’s financial future. Results may vary.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has been practicing law since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. A former prosecutor, he brings extensive trial experience to family law matters. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He and his Of Counsel together have more than 120 years of combined legal experience and have achieved 4,739+ documented firm-wide results. Results may vary. Every attorney of the firm has well over a decade of practice experience. Mr. Sris and his Of Counsel serve New York clients from the firm’s Buffalo location, by appointment. The firm handles a range of family law issues, including divorce, child custody, child support, and complex property division alongside spousal maintenance claims.
Frequently Asked Questions
What factors does a New York court consider when deciding alimony?
New York courts consider over a dozen statutory factors, including the income and property of each spouse, the length of the marriage, the age and health of the parties, the need of the recipient, and the paying spouse’s ability to pay. Under DRL § 236, additional factors include the earning capacity of each party, the contributions each spouse made as a homemaker, wasteful dissipation of assets, and any tax consequences. The court aims to ensure that the spouse receiving maintenance is able to maintain a standard of living reasonably comparable to the marital standard while becoming self-supporting to the extent possible.
How is temporary maintenance calculated during the divorce?
Temporary maintenance is calculated using a statutory formula based on the parties’ incomes, with the court applying the formula set out in DRL § 236. The formula deducts certain expenses and adjusts for the payee’s own income to arrive at a presumptive amount. The court may deviate from the formula if it finds the result to be unjust or inappropriate after considering the specific circumstances of the case, but the formula provides a starting point that makes the process more predictable. A pendente lite motion can be filed early in the divorce to secure temporary support.
Can alimony be modified after the divorce?
Yes, alimony can be modified if there is a substantial change in circumstances, such as a significant change in income, cohabitation, or remarriage. Either party may petition the court for an upward or downward modification. The party seeking the change must demonstrate that the new circumstances were not anticipated at the time of the original award. Mr. Sris and his Of Counsel assist clients with post-judgment modification proceedings to seek adjustments that reflect the current financial reality.
Do I need a lawyer to obtain alimony?
While you are not required to have a lawyer, alimony determinations involve complex financial analysis and statutory formulas that warrant experienced legal guidance. The outcome can affect your finances for years. An attorney can help gather the necessary financial documentation, present the strong case for (or against) maintenance, and negotiate a settlement that protects your interests. To discuss your situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
How does alimony differ from child support?
Alimony is payments to a spouse to support that spouse, while child support is payments for the care and maintenance of a child; the two are calculated separately under New York law. Child support follows a percentage-of-income formula, whereas maintenance uses a different statutory formula that considers the marriage’s characteristics. Both can be addressed in the same divorce case, but they serve distinct purposes and are independently modifiable.
How long does the alimony process take?
The timeline depends on whether the case is contested, the complexity of the finances, and the court’s calendar; temporary maintenance can often be addressed early through a pendente lite motion. An uncontested divorce with an agreed-upon maintenance arrangement can finalize within a few months, while a vigorously disputed alimony claim in a contested divorce may take significantly longer. Mr. Sris and his Of Counsel work to move matters forward efficiently while safeguarding your rights.
Related pages: New York County (Manhattan) Alimony Lawyer | Brooklyn Alimony Lawyer | Queens Alimony Lawyer | Nassau County Alimony Lawyer
New York Domestic Relations Law § 236 | New York State Unified Court System | New York County Supreme Court
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