Can I get alimony in New York
If you are facing a divorce or legal separation in New York and are uncertain about your right to receive spousal maintenance—commonly known as alimony—you are not alone. Whether you are the lower-earning spouse seeking financial support or the higher-earning spouse with questions about your potential obligation, understanding how New York courts approach alimony is essential. New York has a detailed statutory framework that governs when maintenance may be awarded, how the amount is calculated, and how long it may last. The law seeks to provide a fair outcome for both parties while recognizing that each marriage is unique. Law Offices Of SRIS, P.C. focuses its family law practice on helping clients navigate these complex determinations. Reach the firm’s New York location at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Alimony Means in New York
In New York, alimony is referred to as spousal maintenance. It is a court-ordered payment from one spouse to the other, designed to help the receiving spouse maintain a standard of living similar to that enjoyed during the marriage. New York Domestic Relations Law (DRL) § 236 provides the framework for maintenance awards. The law distinguishes between temporary maintenance—paid while the divorce action is pending—and post-divorce maintenance, which continues after the judgment is entered. Courts consider a range of statutory factors, including the duration of the marriage, the age and health of each spouse, the ability of each to be self-supporting, and the contributions each made to the marriage, including homemaking and career sacrifices. The goal is to provide an equitable, rather than a punitive, result.
New York’s maintenance statute uses a presumptive formula to calculate the amount and duration of maintenance in many cases. The formula takes into account the parties’ incomes and the length of the marriage. While the formula is advisory rather than mandatory in every case, it serves as a starting point for judicial decision-making. In marriages of shorter duration, maintenance may be limited to a set number of years, while long-term marriages can result in maintenance of longer duration or even indefinite awards in some circumstances. New York Supreme Court is the trial-level court that hears divorce and maintenance matters. Because each case turns on its own facts, working with an experienced family law attorney is crucial to presenting a complete picture to the court.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Alimony Cases
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., and the firm’s Of Counsel attorneys approach every alimony matter with a thorough evaluation of the financial and personal circumstances at issue. The process begins with a detailed consultation to understand your marriage’s financial history, your current income and expenses, and your future needs. The firm’s attorneys then work to build a clear, evidence-based record that supports your position—whether you seek maintenance or are responding to a request for it. This includes gathering tax returns, pay stubs, business records, retirement account statements, and other financial documentation.
The firm’s attorneys appear in New York courts to advocate for a fair maintenance determination at every stage. If a temporary maintenance order is needed while the divorce is pending, they will present your circumstances to the court at the appropriate time. When the case proceeds toward a final resolution, they will negotiate on your behalf and, when necessary, litigate the maintenance issue at trial. Because Mr. Sris and the firm’s Of Counsel attorneys bring extensive combined legal experience, they are able to evaluate the strengths and weaknesses of a case realistically and tailor their strategy accordingly. Results may vary.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris founded Law Offices Of SRIS, P.C. in 1997 and leads the firm’s family law practice. A former prosecutor, he brings a disciplined, analytical approach to every spousal maintenance matter. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, giving the firm a broad geographic reach and the ability to serve clients across multiple states.
The firm’s Of Counsel attorneys—all independent, non-employee lawyers—add substantial depth to the team. Each brings a wealth of courtroom experience and substantive family law knowledge. Together with Mr. Sris, they work to provide you with consistent, clear guidance throughout your case. The firm’s structure allows it to maintain an individualized focus while drawing on a deep reservoir of multi-jurisdictional legal insight.
Frequently Asked Questions
Can I get alimony in New York if I worked only part-time during the marriage?
Yes, you may still receive maintenance, though the amount and duration will depend on your financial needs and the length of the marriage. New York courts consider both your current income and your ability to become self-supporting. A history of part-time work, especially if it was a joint marital decision to prioritize homemaking or child-rearing, is a factor the court weighs in your favor. The statutory formula accounts for the difference between your income and your spouse’s income, and the court may order rehabilitative maintenance to allow you to obtain education or training. Your attorney will present evidence of your contributions to the marriage and your realistic employment prospects.
How does the court decide how long alimony will last?
The duration of maintenance in New York is guided by a statutory formula that considers the length of the marriage and the parties’ incomes. The formula provides an advisory range based on a percentage of the marriage’s length. For example, a marriage of 15 years may result in maintenance lasting approximately 30-40% of that time, depending on other factors. Courts may deviate from the formula when fairness requires, considering such factors as age, health, and the presence of young children. Indefinite maintenance is possible after very long marriages or when a spouse cannot become self-supporting due to age or disability. Each case is assessed on its own facts.
Does fault matter in New York alimony determinations?
New York is a no-fault divorce state, so marital misconduct generally does not affect maintenance awards. However, in rare cases where the behavior of one spouse results in egregious economic harm to the other—such as the dissipation of marital assets—the court may consider that conduct as part of the overall equitable distribution or maintenance calculus. For the most part, the focus remains on the financial needs of the parties and the statutory factors, not on who was at fault for the divorce.
Can alimony be modified after the divorce is final?
Yes, a maintenance award may be modified if there is a substantial change in circumstances. Common grounds for modification include a significant increase or decrease in either party’s income, loss of employment, remarriage of the recipient, or the onset of a serious illness or disability. The party seeking modification must petition the court and present evidence of the changed circumstances. An attorney can help you assess whether your situation meets the legal standard and guide you through the modification process. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
What is the difference between temporary and post-divorce maintenance?
Temporary maintenance provides support to the lower-earning spouse while the divorce case is ongoing, whereas post-divorce maintenance continues after the judgment of divorce. Temporary maintenance is calculated under a statutory formula designed to address immediate financial needs and maintain the status quo during the litigation. Post-divorce maintenance, governed by a separate part of the statute, addresses the long-term financial needs of the recipient and may last for a finite period or, in limited circumstances, indefinitely. Both forms of maintenance are subject to judicial discretion based on the specific facts of the case.
Do I need a lawyer to pursue alimony in New York?
While not legally required, having an experienced family law attorney significantly improves your ability to secure a fair maintenance outcome. Alimony determinations involve complex financial analysis, statutory formulas, and negotiation skills. An attorney can uncover relevant financial facts, present a compelling case to the court, and protect your interests in settlement discussions. Mr. Sris and the firm’s Of Counsel attorneys bring extensive combined legal experience to each matter. For a consultation, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437-7747. Results may vary.
New York Spousal Maintenance Resources
For additional authoritative information, consult these official New York primary sources:
New York Domestic Relations Law § 236 (Maintenance and Equitable Distribution) – The statutory foundation for spousal maintenance in New York.
New York Supreme Court – New York County (Manhattan) – The trial-level court that handles divorce and maintenance proceedings in New York City.
New York State Unified Court System – Official court information, forms, and resources for family law litigants.
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.