Can I get alimony in New York | Law Offices Of SRIS, P.C.

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Can I get alimony in New York

Yes, you may be entitled to spousal maintenance (alimony) under New York law. New York courts have authority under the Domestic Relations Law to order one spouse to pay support to the other either while a divorce is pending or after the divorce is finalized. Whether maintenance is awarded, how much, and for how long depends on the specific facts of the marriage and the financial circumstances of each party. Law Offices Of SRIS, P.C., founded in 1997, helps individuals in New York pursue or defend alimony claims. Mr. Sris and his Of Counsel can explain what factors the court will consider and work toward a fair outcome. To discuss your alimony matter, contact us at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

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When Can a Court Award Alimony in New York?

Alimony, known formally as spousal maintenance, is governed by New York Domestic Relations Law § 236. The court may award two types of maintenance: temporary maintenance while the divorce is pending, and post‑divorce maintenance after the marriage is dissolved. Temporary maintenance is designed to help the lower‑earning spouse meet living expenses during the litigation. Post‑divorce maintenance is intended to allow the receiving spouse to become self‑supporting or, in long‑term marriages, to maintain a standard of living close to that enjoyed during the marriage.

A judge has broad discretion when deciding post‑divorce maintenance. The law lists a range of factors, including the length of the marriage, the age and health of both parties, their income and property, the standard of living during the marriage, the need for education or training to become self‑supporting, and whether one spouse gave up career opportunities for the family. The court also considers any agreement the parties have made and any other factor it finds relevant. Temporary maintenance is calculated using a formula set out in the statute that accounts for each spouse’s income and certain deductions, such as child support or prior support obligations. The formula provides a guideline, but a judge may deviate from it if applying the formula would be unfair. Because the law gives the court significant flexibility, it is essential to present a clear picture of the family’s finances and the needs of each spouse.

Frequently Asked Questions

What is the difference between temporary and post‑divorce maintenance in New York?

Temporary maintenance is paid while the divorce case is underway, while post‑divorce maintenance begins after the divorce judgment is entered. Temporary support helps the lower‑earning spouse cover living costs during the litigation and is often determined using a statutory formula. Post‑divorce maintenance is intended to provide longer‑term support and is based on a broader set of factors, including the length of the marriage, the parties’ earning abilities, and the standard of living. A court can award both types in the same proceeding.

How does New York calculate temporary spousal maintenance?

New York uses a formula set out in the Domestic Relations Law to determine the guideline amount of temporary maintenance. The formula considers each spouse’s income and certain statutory deductions, such as amounts paid for child support or maintenance from a prior marriage. The resulting figure is a guideline; a judge may adjust the amount upward or downward if applying the formula would produce an unjust result. Presenting accurate financial information is critical to a fair temporary maintenance order.

What factors do judges consider for post‑divorce maintenance?

New York courts weigh many factors, with the length of the marriage, the income and property of each spouse, and their age and health being among the most important. The full list of factors includes the standard of living during the marriage, the need for education or training to become self‑supporting, the contributions each spouse made as a homemaker, and whether one spouse sacrificed career opportunities. The court may consider any other fact it finds relevant, which makes each case highly individualized.

Is alimony automatically awarded in a New York divorce?

No, spousal maintenance is not automatic; the court has discretion to award or deny it based on the facts of the case. A spouse seeking maintenance must demonstrate a need for support and show that the other spouse has the ability to pay. If the parties reach a settlement agreement that addresses maintenance, the court will generally approve the agreed‑upon terms as long as they are not unconscionable.

Can alimony be ordered while the divorce is still pending?

Yes, a court can order temporary maintenance while a divorce action is ongoing. This type of support is intended to maintain the financial status quo and ensure the lower‑earning spouse can afford basic living expenses until the divorce is finalized. A motion for temporary maintenance can be filed early in the case, and a hearing may be scheduled quickly depending on the court’s calendar. Mr. Sris and his Of Counsel can help you request temporary support promptly.

Does adultery affect alimony in New York?

Marital fault, including adultery, is not the primary basis for an alimony award, but it may be considered if it had a significant economic impact on the marriage. Because New York is a no‑fault divorce state, a spouse can obtain a divorce without proving fault. In the maintenance context, a judge may factor in financial waste caused by an extramarital affair, such as spending marital assets on the relationship. However, fault alone rarely determines the outcome of a maintenance claim.

Can alimony be modified after the divorce?

Yes, a post‑divorce maintenance order can be modified unless the parties agreed that it would be non‑modifiable. To modify maintenance, you must show a substantial change in circumstances, such as a significant increase or decrease in either spouse’s income, a serious illness, or the loss of a job. A motion to modify is filed in the same court that issued the original order. Mr. Sris and his Of Counsel can assess whether your changed circumstances meet the legal standard for modification.

What happens if my ex‑spouse refuses to pay court‑ordered alimony?

If the paying spouse does not comply with a maintenance order, you can seek enforcement through the court. Enforcement tools include an income execution (wage garnishment), a money judgment for arrears, or a contempt application, which may result in fines or other sanctions. The party seeking enforcement must demonstrate that the paying spouse had the ability to pay and willfully failed to do so. Prompt action can help protect your right to the support you were awarded.

How long does the process to obtain alimony take?

The timeline varies depending on whether the divorce is contested, the complexity of the financial issues, and the court’s schedule. In an uncontested divorce where the parties agree on maintenance, the order can be obtained relatively quickly as part of the overall settlement. If the maintenance issue is disputed, it may need to be resolved through motion practice or trial, which can extend the process. Mr. Sris and his Of Counsel can explain what to expect in your particular case.

Do I need a lawyer to pursue alimony in New York?

You are not required to have a lawyer, but the maintenance statute is complex and the stakes are high, making representation advisable. An experienced attorney can help you gather the necessary financial documents, present your case effectively to the court, and negotiate a fair settlement. If you proceed without a lawyer, you will be expected to follow all court rules and procedures. To discuss your alimony situation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced family law in New York since 1997. A former prosecutor, he understands courtroom strategy and how to build a persuasive case. His Of Counsel attorneys are experienced in family law and collaborate with Mr. Sris on alimony matters. Mr. Sris and his Of Counsel bring extensive combined legal experience. Results may vary. The firm’s New York location is in Buffalo, and our attorneys represent clients in alimony proceedings across the state, from New York City and Long Island to the Hudson Valley and beyond. To schedule a consultation, call (888) 437-7747.

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.

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Attorney advertising. This page is for general informational purposes only and does not constitute legal advice, nor does it create an attorney-client relationship. Statutes and their application change and vary by case. Prior results do not guarantee a similar outcome; results may vary. For advice about your specific situation, consult a licensed attorney. Attorney responsible for this advertising: Mr. Sris.