SPOUSAL SUPPORT (ALIMONY)
What You Need to Know About Maintenance in New York
Spousal support, called maintenance in New York, is money that one spouse may be ordered to pay the other during or after a divorce. Its purpose is to help the lower-earning spouse meet their needs and, over time, become financially independent.
At Cohen Stine Kapoor LLP, we help clients understand how maintenance works, what they may be entitled to receive (or be required to pay), and how to navigate this important part of divorce.
Types of Maintenance
There are two main types:
Temporary Maintenance (Pendente Lite Spousal Support): Paid while the divorce is ongoing.
Post-Divorce Maintenance: Ordered after the divorce is finalized and may last for a set amount of time depending on the length of the marriage and other factors.
How the Court Decides
In New York, courts use a formula to calculate temporary and post-divorce maintenance, but judges can adjust it if the result is unfair. Factors the court considers include:
The standard of living during the marriage
Each spouse’s income, property, and earning ability
The length of the marriage
Whether one spouse gave up career opportunities or education for the marriage
Each spouse’s age and health
The need for one spouse to get further training or education
Whether there are children at home
Any domestic violence or financial misconduct
The tax impact of the award
Both spouses must provide full financial disclosures, including a sworn net worth statement, so the court can make an informed decision.
How Long Does It Last?
Maintenance doesn’t last forever in most cases. The length often depends on how long the marriage lasted. The longer the marriage, the longer support may continue, but each case is different.
Can Maintenance Be Changed?
Yes. Either spouse can ask the court to change the amount or end maintenance if something significant changes, such as:
A big change in income
A job loss, illness, or retirement
The receiving spouse remarrying
Other life changes that affect finances
We represent clients seeking to increase, reduce, or end maintenance and can advise you as to whether a change is likely to be approved by the court.
Get Legal Help from Experienced Family Lawyers
Spousal support can have a major impact on your financial life. Whether you're seeking maintenance or may be ordered to pay it, we’ll help you understand your options and protect your rights.
Contact Cohen Stine Kapoor LLP to schedule a confidential consultation and learn how we can assist you with every aspect of your divorce.