Family Law
Spousal Maintenance (Alimony) in New York
Spousal maintenance — what most people call alimony — is often the most financially significant issue in a divorce after the division of property. New York uses a guideline formula, but the formula is a starting point, not the whole answer.
Whether you expect to pay maintenance or to receive it, the outcome depends on how income is calculated, how long the marriage lasted, and how the statutory factors are presented. Garbett Law handles maintenance issues in Rockland County Supreme Court matrimonial cases.
Temporary Maintenance During the Case
Maintenance can begin before the divorce is final. Temporary (pendente lite) maintenance is calculated under a statutory formula applied to the spouses' incomes, and it is intended to keep the lower-earning spouse financially stable while the case is pending.
Temporary awards matter beyond the dollars: they set the financial tone of the case and often shape the final negotiation. Getting the income picture right at this stage is critical — for the payer and the recipient alike.
Post-Divorce Maintenance: Amount and Duration
The guideline formula produces a presumptive amount, and an advisory schedule ties duration to the length of the marriage — roughly 15–30% of the marriage's length for shorter marriages, up to 35–50% for marriages over 20 years. Courts can deviate from the guidelines based on statutory factors: age and health, earning capacity, contributions to the other spouse's career, and the standard of living during the marriage.
Maintenance generally ends on remarriage of the recipient or the death of either party, and can be modified later on a substantial change in circumstances — including retirement in appropriate cases.
The Tax Rule People Forget
For divorces finalized after 2018, maintenance is no longer deductible for the payer or taxable to the recipient under federal law. That change reshaped how maintenance is negotiated — the real, after-tax cost of an award is different from what it was under the old rules, and settlements should be structured with that in mind.
Frequently asked questions
How long does spousal maintenance last in New York?
New York's advisory schedule ties duration to the length of the marriage: roughly 15–30% of the marriage length for marriages up to 15 years, 30–40% for 15–20 year marriages, and 35–50% for marriages over 20 years. Courts can adjust based on the statutory factors.
Can maintenance be modified after the divorce?
Yes, on a showing of a substantial change in circumstances — a significant involuntary income change, serious illness, or retirement in appropriate cases. Maintenance also typically ends if the recipient remarries.
Is maintenance the same as child support?
No. Child support is for the children and follows its own formula; maintenance is support for a former spouse. They are calculated under different rules, and when both apply, the order in which they are calculated matters.
Speak with Yvonne directly
Maintenance decisions can shape your finances for years after the divorce. Call Garbett Law at (845) 290-2492 for a confidential consultation. Se habla español.