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Representation for Spouses Seeking or Contesting Support
Whether you expect to receive maintenance or have been asked to pay it, the amount and duration of support can affect your financial security for years. The Law Office of Louis L. Sternberg, P.C. represents clients in Suffolk County spousal support and maintenance matters, including negotiated agreements and contested proceedings.
We help clients evaluate income, assess support requests, prepare financial disclosure, and address disputes over earning capacity, household expenses, and the effect of property division. Our representation includes temporary maintenance during divorce, post-divorce maintenance, and spousal support proceedings in Family Court.
From our Hauppauge office, we work with clients to develop a position supported by their financial circumstances and the applicable law. Call 631-600-3295 to schedule a free consultation.
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Spousal Support, Temporary Maintenance, and Post-Divorce Maintenance
The terms “alimony,” “maintenance,” and “spousal support” are often used interchangeably in conversation. In New York, however, the type of proceeding matters.
Spousal Support in Family Court
A married person may seek spousal support in Family Court under Family Court Act § 412. The statute provides guidelines for calculating support and permits adjustments in appropriate circumstances.
Family Court spousal support does not follow the advisory duration schedule used for post-divorce maintenance. Unless modified, it continues until a qualifying agreement or stipulation, a judgment of divorce or other order in a matrimonial proceeding, or the death of either party, as provided by the statute.
Temporary Maintenance During Divorce
Temporary maintenance addresses support while a divorce action is pending. The court considers the applicable guidelines and the parties’ financial circumstances, including responsibility for household expenses.
A temporary maintenance determination does not decide the amount or duration of maintenance that will apply after the divorce.
Post-Divorce Maintenance
Post-divorce maintenance addresses support after the marriage ends. The amount and duration may be resolved through a valid agreement or determined by the court.
An award may continue for a specified period or, in an appropriate case, be non-durational. Non-durational maintenance has no fixed end date, but it is not necessarily payable for life regardless of later events.
How Is Maintenance Calculated in New York?
The calculation begins with determining each spouse’s income under the applicable support statute. That inquiry may involve more than comparing salaries or the income shown on a single tax return. Our attorneys review the financial information supporting the calculation, identify disputed income and deductions, and evaluate whether the guideline result adequately addresses the circumstances of the case.
Which Maintenance Formula Applies?
For the guideline calculation, “payor” means the higher-income spouse and “payee” means the lower-income spouse. Apply the current income cap to the payor’s income.
| Circumstances | First calculation |
|---|---|
| Child support will be paid for children of the marriage, and the maintenance payor is the noncustodial parent | 20% of the payor’s income minus 25% of the payee’s income |
| Child support will not be paid for children of the marriage, or the maintenance payor is the custodial parent | 30% of the payor’s income minus 20% of the payee’s income |
Compare the applicable first calculation with 40% of combined income minus the payee’s income. The lower result is the guideline amount, subject to a zero floor, the self-support reserve, and other applicable statutory adjustments.
The choice of formula depends on the child-support arrangement, not simply on whether the spouses have children.
New York Child Support & Maintenance Calculator
Free to use, nothing collected, no signup – both child support and maintenance formulas with a printable worksheet.
Maintenance Factors and Deviation
In New York, when determining post-divorce spousal maintenance in divorce cases, the court considers a set of 15 statutory factors provided by New York’s Domestic Relations Law Section 236(B)(6)(a). These factors help the court make a fair and equitable decision regarding the amount and duration of maintenance. Here are the 15 maintenance factors in New York:
- the age and health of the parties;
- the present or future earning capacity of the parties, including a history of limited participation in the workforce;
- the need of one party to incur education or training expenses;
- the termination of a child support award before the termination of the maintenance award when the calculation of maintenance was based upon child support being awarded which resulted in a maintenance award lower than it would have been had child support not been awarded;
- the wasteful dissipation of marital property, including transfers or encumbrances made in contemplation of a matrimonial action without fair consideration;
- the existence and duration of a pre-marital joint household or a pre-divorce separate household;
acts by one party against another that have inhibited or continue to inhibit a party’s earning capacity or ability to obtain meaningful employment. Such acts include but are not limited to acts of domestic violence as provided in section four hundred fifty-nine-a of the social services law; - the availability and cost of medical insurance for the parties;
- the care of children or stepchildren, disabled adult children or stepchildren, elderly parents or in-laws provided during the marriage that inhibits a party’s earning capacity;
- the tax consequences to each party;
- the standard of living of the parties established during the marriage;
- the reduced or lost earning capacity of the payee as a result of having forgone or delayed education, training,
- employment or career opportunities during the marriage;
- the equitable distribution of marital property and the income or imputed income on the assets so distributed;
- the contributions and services of the payee as a spouse, parent, wage earner and homemaker and to the career or career potential of the other party; and
- any other factor expressly found to be just and proper
These factors provide the court with the flexibility to tailor maintenance awards to the unique circumstances of each case. It’s essential to note that maintenance determinations in New York can be complex, and the specific terms can vary based on individual circumstances and court decisions. Having an experienced Suffolk County spousal support attorney to guide you through the process and advocate on your behalf is critical.
Suffolk County Spousal Support Insights: Durational vs. Permanent Maintenance
A very common question in any divorce is “how long does alimony last in New York?” The duration of maintenance in New York is determined based on a combination of statutory guidelines and the specific circumstances of the divorcing parties. Unlike child support, which has specific duration guidelines based on the child’s age, spousal maintenance duration is more flexible and discretionary.
Statutory Guidelines. New York’s Domestic Relations Law Section 236(B)(6)(b) provides general “advisory duration” guidelines for the duration of maintenance based on the length of the marriage. These guidelines serve as a starting point for the court’s decision:
- For marriages of up to 15 years, maintenance may be awarded for 15% to 30% of the length of the marriage.
- For marriages of 15 to 20 years, maintenance may be awarded for 30% to 40% of the length of the marriage.
- For marriages of over 20 years, maintenance may be awarded for 35% to 50% of the length of the marriage.
These percentages are calculated based on the number of years of marriage, and the specific percentage within the range depends on the court’s discretion and the unique circumstances of the case.
These durational guidelines take on heightened significance when the marriage has lasted twenty years or more and one or both spouses are over fifty. In such cases, commonly called gray divorces, the lower-earning spouse often faces limited prospects for re-entering the workforce or achieving full financial independence, and the Court’s discretion under the fifteen statutory factors becomes especially important. Age, health, the sacrifices made during a long marriage, and the realistic timeline for self-sufficiency all factor into whether the Court awards maintenance closer to the advisory guideline or extends it beyond the statutory range. When a spouse in their sixties must restructure their retirement plans to support two separate households on savings built to support one, the financial stakes are different in kind from those in a shorter or younger marriage. For a detailed examination of these dynamics, see our page on gray divorce.
Court’s Discretion. While the statutory guidelines provide a framework, the court has discretion to deviate from these guidelines based on various factors. The court considers the 15 maintenance factors outlined in New York’s Domestic Relations Law Section 236(B)(6)(a) to make an equitable determination of the maintenance duration. The court also takes into account the unique circumstances of the divorcing parties, including the financial needs of both spouses, their earning capacity, health, age, and any other relevant factors. The goal is to ensure that the maintenance order is fair and reasonable for both parties.
Conversely, an award of Spousal Support from the Family Court, outside of the context of a divorce, is non-durational according to statute. As such, it continues unless and until the parties are divorced, or the order is otherwise modified to a different sum after further litigation.
It’s important to understand that the specific duration of spousal maintenance in New York can vary widely from one case to another, depending on the unique facts and circumstances involved. If you are involved in a Suffolk County divorce case and have questions about Suffolk County spousal maintenance, you need experienced Suffolk County spousal support attorney to guide you through this difficult journey. A Suffolk County divorce attorney can provide guidance tailored to your specific situation and help you navigate the process effectively.
We proudly serve as Suffolk County divorce lawyers. Call today to schedule a free consultation and learn how our spousal support and divorce lawyers in Suffolk County can help. Reach us at 631-600-3295 or through our online intake form to reach us 24 hours a day.
New York Spousal Support and Maintenance FAQs
Can a Husband Receive Maintenance in New York?
Yes. Maintenance is not limited to wives. The analysis depends on the spouses’ incomes and the applicable statutory provisions, rather than gender. Our firm represents spouses seeking maintenance and spouses contesting a support request.
Is There a Minimum Marriage Length to Receive Maintenance?
New York does not impose a minimum marriage length as a prerequisite to requesting maintenance. Whether support is payable and for how long requires an analysis of the applicable guidelines and the circumstances of the case. A longer marriage does not, by itself, establish a particular award.
How Does Adultery Affect Maintenance?
In New York, adultery generally does not affect the entitlement to or amount of maintenance. Instead, the statutory formulas, based on each party’s income or earning capacity, will presumptively determine whether each party’s entitlement and obligations.
Is Maintenance Taxable or Tax-Deductible?
Federal and New York income-tax treatment can differ.
Federal taxes: Qualifying alimony or separate maintenance payments under divorce or separation instruments executed after December 31, 2018, generally are not deductible by the payor and are not included in the recipient’s income.
For instruments executed before 2019, the earlier federal treatment generally continues unless a later modification expressly makes the newer treatment applicable. A modification after 2018 does not automatically change the tax treatment.
New York taxes: New York provides separate state-income adjustments for applicable maintenance payments. Generally, the recipient adds applicable payments received to federal adjusted gross income, while the payor subtracts applicable payments made when calculating New York adjusted gross income. The instrument’s date and terms matter.
Before signing or modifying an agreement, review its tax treatment with your attorney and tax adviser. Compare the after-tax effect of proposed payments rather than relying solely on the stated monthly amount.
For additional info:
What Is The Maintenance Cap in Suffolk County, New York?
According to statute, the maintenance payor’s income is to be “capped” at a sum determined on a bi-annual basis. When the payor’s income exceeds that sum, the court has discretion but is not required to utilize any income above that sum when calculating the presumptive maintenance obligation. As such, in high income cases, one of the most critical issues is litigating the appropriate income cap above the statutory sum.
Updates on the bi-annual adjustment to the income cap can be found at the New York Court’s – What’s New in Matrimonial Legislation, Court Rules & Forms.
How is Maintenance Determined in a High Net Worth Divorce
In a high net worth divorce or high-income cases where the payor’s or payee’s exceeds the income cap used in the guideline calculation, the court may consider additional factors to determine the appropriate maintenance amount. These additional factors can include the lifestyle and standard of living established during the marriage, the needs of each party, the non-monetary contributions of each party to the marriage, and other relevant factors. Proper litigation of these factors is one of the most crucial components to any high income maintenance case in New York. Speak to a Suffolk County spousal support attorney today to begin your preparation for this crucial component of your divorce.
Suffolk County Spousal Support Attorney- Advocacy and Experience
The Law Office of Louis L. Sternberg is a recognized leader and respected advocate on all maintenance cases in Suffolk County, Long Island. We are committed to helping you navigate the complexities of spousal support and alimony cases with compassion, expertise, and a track record of success. With over a decade of of experience, we have a deep understanding of New York’s spousal support laws and how they apply to Suffolk County residents. We litigate maintenance every day and we know not merely the law but the customs and practices of litigating maintenance in Suffolk County. Our intimate knowledge of Suffolk’s legal landscape gives us a unique advantage in advocating for our clients’ best interests. We prioritize your needs and objectives, tailoring our strategies to secure the best possible outcomes for you.
Free Consultation with a Suffolk County Spousal Support Lawyer
When you are facing a divorce in Suffolk County or elsewhere in Long Island, you will inevitably have questions for a divorce attorney about maintenance, spousal support, and other aspects of a divorce. Spousal support is frequently a highly contentious component of a divorce. Regardless of whether you are opposing a demand for spousal support or seeking support, the team at the Law Office of Louis L. Sternberg is here as your experienced Suffolk County spousal support attorneys. At the Suffolk County office of Louis L. Sternberg, P.C., we proudly work with our clients to ensure that they understand New York’s maintenance laws. Use our convenient our intake form or call us by phone at (631) 600-3295 to speak to a Suffolk County alimony lawyer and schedule your free consultation today!