Financial Independence With Alimony

One of the reasons clients often delay divorce is fear of dependency - the worry that without the monied-spouse supporting them financially and providing for their needs, they will not be able to sustain their lives on their own.

We understand this fear and are prepared to combat it using New York State’s Maintenance Guidelines. We will construct a support package for you that will enable you to live independently as you embark upon this new stage of your life.

New York State Maintenance Guidelines

In New York, courts utilize the “Spousal Maintenance Guidelines” to determine the presumptively correct amount of spousal support to be paid by the higher income spouse. The court first implements a formula that considers both parties’ incomes, or income-earning potential. Then, the court evaluates the specifics of your case to ensure the presumptive guideline amount of support is fair, such as the duration of your marriage, age and health of the parties, educational background, the existence of domestic violence, parenting obligations and other important elements of life that affect your ability to support yourself.

The “Spousal Maintenance Guidelines” also guide the duration of spousal support based upon the length of the marriage, calculated from the date of marriage through the date of commencement of an action for divorce as follows:

  • For marriages between 0 and 15 years: The court may award spousal maintenance for a term between fifteen percent (15%) and thirty percent (30%) of the length of the marriage.
  • For marriages between fifteen (15) and twenty (20) years: The court may award spousal maintenance for a term between thirty percent (30%) and forty percent (40%) of the length of the marriage.
  • For marriages over twenty (20) years: The court may award spousal maintenance for a term between thirty-five percent (35%) and fifty percent (50%) of the length of the marriage.

The court has discretion to deviate from the durational guidelines considering the specific circumstances of your case and your individual needs.

We will stand by you and vigorously advocate on your behalf so that you receive the support you are entitled to under the law and can move forward onto the next positive chapter in your story.