Spousal Support and Maintenance in New York
Spousal maintenance (formerly called alimony) is financial support paid by one spouse to the other during or after a divorce. White Law Group of New York helps clients understand how maintenance is determined and what factors courts consider.
Matters Handled
- Temporary maintenance
- Post-divorce maintenance
- Guideline maintenance calculations
- Deviation factors
- Duration of maintenance
- Modification of maintenance orders
- Enforcement of maintenance orders
Common Client Concerns
Clients often want to know whether they may receive or pay maintenance, how much it will be, and how long it will last. Maintenance is not automatic — it depends on various statutory factors.
The New York Process
New York uses a guideline formula to calculate temporary and post-divorce maintenance. The formula considers each spouse's income. Courts may deviate from the guideline amount based on statutory factors including the length of the marriage, the age and health of the parties, and the standard of living. The duration of maintenance also follows guidelines based on the length of the marriage.
How Legal Representation May Help
- Calculating guideline maintenance
- Identifying deviation factors
- Negotiating maintenance terms
- Seeking temporary maintenance during divorce
- Modifying existing maintenance orders
- Enforcing maintenance orders
Information to Prepare for a Consultation
- General income information for both spouses
- Length of the marriage
- Each spouse's earning capacity
- Health and employment status
- Standard of living during the marriage
Frequently Asked Questions
Is maintenance the same as alimony?
In New York, what was traditionally called alimony is now referred to as spousal maintenance.
How is maintenance calculated?
New York uses a guideline formula based on both spouses' incomes. Courts may deviate from the guideline based on statutory factors.
How long does maintenance last?
The duration of maintenance depends on the length of the marriage and follows guideline formulas. Courts have discretion in setting duration.
Can maintenance be modified?
Maintenance may be modified when there is a substantial change in circumstances, subject to the terms of any agreement or court order.
The information on this page is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. Every legal matter is different. Prior results do not guarantee a similar outcome.
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