Spousal Maintenance, Alimony and Spousal Support, on Long Island, NY

What is spousal support (alimony) in New York?

Spousal support—also called maintenance or alimony—refers to payments made by one spouse to the other to maintain a reasonable standard of living post-separation or divorce. It's separate from child support and based on factors like income, marriage length, and financial need.

Who is eligible to receive alimony on Long Island?

Either spouse may be eligible for alimony, but courts typically award support when there’s a significant income disparity, one spouse sacrificed career advancement for the marriage, or the supported spouse needs time to become self-sufficient. Eligibility isn’t tied to gender—it’s based on each party’s circumstances.

How long will I need to pay or receive alimony?

Duration varies:

• Temporary (pendente lite) support lasts until the divorce is legally final.
• Post-divorce support may be:
  • Rehabilitative: Short-term, tied to education or job training,
  • Permanent: For long-term marriages when ongoing need is shown,
  • Reimbursement: To repay contributions toward the other’s degree or career development.

Courts balance need with the payer’s ability to pay and the supported spouse’s path to independence.

How does my prenuptial or postnuptial agreement affect alimony?

If you have a prenuptial or postnuptial agreement in place and it addresses spousal support, you will need to follow these terms unless you can prove that the agreement itself is invalid or unfair. This is part of what makes having a prenup in place so important, since you can cement your right to spousal support before you ever even think about divorce, just in case.

Can my alimony order be modified or removed?

You are legally bound by your support order and cannot just change it if your circumstances change. You must go to court to have the order changed legally. You can petition to modify your alimony order if there is a substantial change in your financial circumstances.

For example, if the paying spouse lost their job, experienced a pay cut, or had a sudden illness, or if the receiving spouse is cohabitating in a new relationship, gets remarried, or becomes self-supporting, the court may decide to change the award.

Maintenance payments always terminate upon the death of either spouse or the remarriage of the receiving spouse.

How is alimony different from child support?

Alimony supports a former spouse; child support is for dependent children. Child support is statutory and non-negotiable, while alimony is more discretionary and negotiable. Both can coexist in a settlement or court order.

What happens if I also have to pay child support?

When the spouse who would pay alimony is also responsible for child support, courts use a slightly different formula to calculate the amount of support to be paid. This allows the payor to better manage the demands of paying both spousal maintenance and child support.

First, courts subtract 25% of the recipient’s income from 20% of the payor’s income. This becomes figure A. Then, a separate calculation is done. The payor and the recipient’s original incomes are each multiplied by 40%, and then the recipient’s aggregated income is subtracted from the payor’s aggregated income. This becomes figure B.

Then, the recipient is awarded the lower of either figure A or figure B.

Will courts make me pay more alimony based on my gender?

The Supreme Court has determined that discriminating against one party in an alimony case based on gender is unconstitutional. As a result, New York, like all other states, had to revise its alimony laws so that husbands and wives were treated equally.

Now, either spouse can be ordered to pay spousal support to the other. Since that time, many changes have been made to alimony laws in New York, including gender-neutral language that works when applying the law to same sex marriages.

Can alimony be modified or terminated?

Do courts have to use the standard formula to calculate how much support I will pay or receive?

Judges aren’t strictly bound by the standard alimony formula and can make changes if it determines the award is too high or low. Also, if the paying spouse’s income is above $178,000, the court will still only calculate alimony based on a $178,000 salary, but they can deviate from this formula if it determines it to be necessary.

Can my spouse and I decide on our own spousal support agreement?

Couples who agree on the terms of their spousal support can have it made legally binding by submitting it to the court at the time of their divorce. You can set alimony to be paid for a set number of years, or you can agree to a maintenance award for one amount until a specific event, after which the maintenance award will change. Most commonly included are the death of either party and the remarriage of the receiving spouse.

You can also set parameters on the paying spouse’s income, such as agreeing that a maintenance obligation will never be based on less than a certain amount, or if the income of the paying spouse decreases by more than a specific amount, the parties will agree to an adjusted amount of support.

Should I negotiate alimony privately or go to court?

Most Long Islanders opt to negotiate alimony during settlement (via mediation, collaborative divorce, or direct negotiations) to save time, money, and stress. Court-determined alimony is an option if negotiations fail—but it can be costly, unpredictable, and adversarial.