Spousal Maintenance, Long Island, NY
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Spousal Maintenance, sometimes referred to as Alimony, are payments made to the lesser income-earning spouse by the higher income-earning spouse, to ensure that both spouses are properly taken care of during the pendency of and after a divorce proceeding in Nassau County or Suffolk County, Long Island, NY. Therefore, a Spousal Maintenance Award ordered during the pendency of the case can differ from one ordered at the entry of the Final Judgment of Divorce. Spousal maintenance might be temporary and may be paid during the pendency of a divorce, or might be ordered to continue post-divorce.
Is Spousal Maintenance the Same Thing as Spousal Support?
You will likely be surprised to find that Spousal Maintenance is not in fact the same thing as Spousal Support. Spousal Support, as opposed to Spousal Maintenance, is awarded to the lower income earning spouse during the course of the marriage. This can be done by filing a petition in the Family Court in Nassau County or Suffolk County (depending upon where you reside) or can be agreed upon in a Separation Agreement which will be filed with the court and entered as a Judgment of Separation. However, Spousal Support will always terminate when a Judgment of Divorce is entered, so if you and your spouse are planning to convert the Judgment of Separation into a Judgment of Divorce this factor is of importance to you when you create the Judgment of Separation.
What is Temporary Spousal Maintenance & How is it Calculated?
Temporary Spousal Maintenance is spousal maintenance which is awarded during the pendency of your Long Island Divorce. The Nassau County or Suffolk County Court will follow the temporary support calculator, which sets forth a precise formula to be used when determining the award. The Court will do two (2) calculations to determine the proper amount of Temporary Spousal Maintenance.
First, twenty percent (20%) of the payee spouse’s income will be subtracted from thirty percent (30%) of the payor spouse’s income.
Then, the payee spouse’s income will be subtracted from forty percent (40%) of the total combined spousal income. Keep in mind that Child Support Payments will be added to the income of the payee spouse and deducted from the income of the payor spouse.
Finally, the payee spouse will be awarded Spousal Maintenance based upon the lower of the two above calculations. However, the Court is not bound by this formula, and if it determines the award is too high or too low it can deviate from the guidelines and award an amount it deems appropriate.
Temporary Spousal Maintenance awards are just that – temporary. Accordingly, they will terminate upon the entry of the Final Judgment of Divorce. During the pendency of the proceeding, the purpose of these payments is to allow the payee spouse to continue making all payments he or she had been prior to the commencement of the action for divorce, including health insurance and carrying charges on the marital residence.
Post-Divorce Spousal Maintenance on Long Island
Calculating a Post-Divorce Spousal Maintenance award is based upon factors directly relating to the marriage and not simply a numeric formula. Under New York’s Domestic Relations Law, Nassau County and Suffolk County Courts are required to look at the parties’ pre-separation standard of living along with other factors including, among other things:
- The length of the marriage
- The age and health of both parties
- The ability of the payee spouse to become self-supporting
- Whether the actions of one spouse inhibited the other from obtaining an education or valuable employment during the course of the marriage
- Whether one spouse wasted marital assets to the detriment of the other spouse.
The statute also provides the Court with a “catch-all” factor: anything else the Court may deem just and proper. This factor makes an award of spousal maintenance fact-specific and permits the Court to inquire into the individual circumstances of your marriage.
There is no formula for determining the duration of a spousal maintenance award. While many attorneys and prospective clients believe that the length of a maintenance award should be one-third the length of the marriage, the court will consider the same factors for duration that it will for the amount. In determining the length of a spousal maintenance award, the court will consider the amount of any temporary spousal maintenance awards paid. Additionally, a Court may award Lifetime Maintenance in extreme cases. An award of Lifetime Maintenance will terminate on the death or remarriage of the payee spouse.
Courts Can Use Discretion to Change the Formula
Courts are not bound by this formula, and if it determines the award is too high or too low it can deviate from the guidelines and award the amount it deems appropriate. Further, if the payor spouse’s income is above $178,000, the court will nevertheless use a maximum of $178,000 to calculate the amount of support, but can deviate from this formula if it determines it to be necessary.
What if I Also Have to Pay Child Support?
To provide the spouse who is responsible for both child support and spousal maintenance a break from the full demands of paying both spousal maintenance and child support the courts use a slightly different formula.
- The first formula uses 25% of the payee’s income will be subtracted from 20% of the payor’s income.
- The second calculation is as follows: the sum of the payor’s income and the payee’s income will be multiplied by 40%, and the payee’s income will be subtracted from the result.
- The payee spouse will be awarded the lower of the two amounts.
- If the payor spouse’s income is above $178,000, the court will plus a maximum of $178,000 into this formula, but can deviate from the formula if it deems necessary.
What About Post-Divorce Maintenance? How Much Will I Get or Have To Pay & for How Long?
Post-Divorce Spousal Maintenance are the regular payments awarded to be paid to one spouse by another for a specified period of time. The calculation of a post-divorce spousal maintenance award is based upon all the same formulas as the temporary maintenance standard. Like the temporary maintenance formula, it takes into account whether the payor spouse is also paying child support, and adjusts the maintenance amount accordingly. It also factors in a maximum of $178,000 for income.
The duration of post-divorce maintenance is calculated with another formula based on the length of the marriage.
- For marriages that lasted up to and including 15 years, maintenance is awarded for 15% to 30% of the length of the marriage.
- For marriages that lasted for more than 15 years up to and including 20 years, maintenance is awarded for 30% to 40% of the length of the marriage.
- For marriages which lasted more than 20 years, the duration of the award is 35% to 50% of the length of the marriage.
Long Island Courts Have Discretion to Change the Formula
However, it is important to remember that courts on Long Island have discretion to adjust the duration, or award non-durational maintenance in appropriate cases. The court can consider any factors that it deems relevant and justified in your situation in order to make this determination.
Can I Modify My Spousal Maintenance Order?
Yes, if there is a substantial change in circumstances. For example, if the payor spouse lost his/her job, experienced a pay cut, or had a sudden illness, or if the receiving spouse is cohabitating in a new relationship, gets remarried, or became self-supporting, the court may decide to change the award.
Remember that maintenance payments terminate upon the death of either spouse or the remarriage of the payee (recipient) spouse.
Can My Spouse and I Enter Into an Agreement on Our Own?
Most Nassau County and Suffolk County divorce proceedings settle with little to no court intervention. This serves to save both spouses time and money, as well as eliminate the stress of having to see your spouse in court and testify during the litigation process. If your goal is to settle your divorce with your spouse, Spousal Maintenance is an important topic which should be discussed.
Do not be afraid to bring up the topic of Spousal Maintenance during settlement discussions with your spouse and their divorce attorney. Long Island couples can agree to a maintenance award of a certain amount for a set term of years, or you can agree to a maintenance award for one amount until the happening of an event upon which the maintenance award will increase or decrease for a certain amount of years. Either way, if you agree upon your maintenance obligation rather than have it imposed by a Nassau County or Suffolk County Court, both you and your spouse will be happier in the long run due to the reduced amount of stress.
Agreements setting forth Spousal Maintenance payments generally include a clause setting forth what are known as “termination events.” The name is pretty self-explanatory: the payor spouse’s maintenance obligation will terminate upon the happening of any of the events listed. Most commonly included are the death of either party and the remarriage of the payee spouse. A third termination which has become more prevalent is the payee spouse’s residing with an unrelated adult individual for a certain period of time. Some agreements set a thirty (30) day time period while some set a sixty (60) day time period. Additionally, some agreements limit the residence to a person with whom the payee spouse is involved in a romantic relationship, while others specifically state the maintenance payments will terminate whether or not the payee spouse is involved in a romantic relationship with the individual he or she currently resides with.
Agreements relating to Spousal Maintenance prior to going before a judge in Nassau County or Suffolk County Court are also beneficial because they can set parameters on the payor spouse’s income, such as stating that a maintenance obligation will never be predicated on an income of less than $150,000, or if the income of the payor spouse decreases by more than $20,000 the parties will agree to an adjusted amount of maintenance. Therefore, if you can attempt to settle this issue with your spouse prior to going to court, you will find entering into an agreement on your own accord will have many benefits, both financial and emotional.
Need Help with Setting Up a Spousal Maintenance Agreement? Talk to a Long Island Divorce Lawyer
To learn more about what you need to know about spousal maintenance (alimony) on Long Island and how to get help to protect yourself and your future visit this page: Spousal Maintenance / Alimony on Long Island, NY. An experienced, compassionate divorce Lawyer Long Island’s Robert E. Hornberger Esq., PC and his team have helped many couples in Nassau County and Suffolk County develop Spousal Maintenance Agreements that work for both parties in Separation or Divorce Agreements. If you need help, please contact us at 631-923-1910 or fill out the short form on this page for a free consultation.
Frequently Asked Questions About Spousal Support/Alimony on Long Island, NY
Q. What is spousal maintenance (also called alimony) under New York state law?
Spousal maintenance, often called alimony, is money paid by one spouse to the other during or after a divorce to help the lower-earning spouse maintain reasonable financial stability.
In New York, maintenance is governed by Domestic Relations Law § 236 and is designed to ensure that neither spouse suffers an unfair economic hardship after the marriage ends. It may be temporary (while the case is pending) or post-divorce (after the divorce is finalized).
Q. Who can qualify to receive spousal maintenance in a Long Island divorce?
Either spouse may request maintenance, regardless of gender. The court reviews several factors such as income disparity, the standard of living during the marriage, age and health, caregiving responsibilities, and each spouse’s ability to become self-supporting.
In practice, maintenance is often awarded when one spouse earned significantly less or gave up career opportunities to raise children or support the other spouse’s career.
Q. Who can be required to pay spousal maintenance in a Long Island divorce?
The higher-earning spouse is typically responsible for paying maintenance. This applies whether the payor is the husband or wife.
For example, if one spouse was the primary wage earner while the other managed the household or cared for children, the higher-earner may be required to pay maintenance for a limited time to help the other spouse regain financial independence.
Q. How is the amount of spousal maintenance calculated in New York?
New York uses a statutory formula to calculate temporary and post-divorce maintenance, based on each spouse’s income and whether child support is also being paid.
The formula provides a guideline range, but judges may adjust it based on factors such as:
- Each spouse’s standard of living during the marriage
- Contributions to the household or the other’s career
- Health, age, and earning capacity
- Tax consequences
- Any wasteful dissipation or concealment of assets
An experienced Long Island family law attorney will ensure all relevant financial information is disclosed and that the court (or negotiation) fairly applies the formula to your case.
Q. How long does spousal maintenance last and what factors determine the duration?
The duration of post-divorce maintenance depends largely on the length of the marriage:
- 0–15 years → maintenance may last 15-30% of the marriage’s length
- 15–20 years → maintenance may last 30-40% of the marriage’s length
- 20+ years → maintenance may last 35-50% of the marriage’s length
Courts may deviate from these ranges when fairness demands. Maintenance ends automatically upon the recipient’s remarriage or either spouse’s death. It can also end earlier if both parties agree or if the recipient becomes self-supporting.
Q. Is spousal maintenance automatic in every divorce on Long Island?
No. Maintenance is not automatic. The spouse seeking it must request it in the divorce pleadings or during settlement discussions. If you don’t include maintenance in your divorce filing or settlement, you may waive your right to it permanently.
Because the outcome depends on accurate financial documentation, both spouses should consult attorneys early in the process.
Q. Can spousal maintenance be modified or terminated after the divorce is final?
Yes, maintenance may be modified or terminated if there’s a substantial change in circumstances, such as:
- A major increase or decrease in income
- Retirement, disability, or job loss
- The recipient’s remarriage or cohabitation with a new partner
Courts in Nassau and Suffolk counties will review whether the change is genuine and not voluntary underemployment. Any modification must be requested through a formal motion or by agreement.
For more information, read How to Modify Child Support on Long Island. The process is similar for spousal support.
Q. What types of maintenance exist on Long Island, New York?
There are two primary types:
- Temporary (pendente lite) maintenance: Paid while the divorce is ongoing to help cover living expenses.
- Post-divorce (durational or nondurational) maintenance: Begins after the divorce decree and may last for a specific period or, in rare cases, indefinitely.
Your attorney can help determine which type applies and whether your situation meets the criteria for longer-term support.
Q. What role do marital assets, child custody, or marriage length play in maintenance decisions?
Courts look at the total financial picture. Key factors include:
- The length of the marriage (longer marriages often justify longer maintenance)
- Distribution of marital assets and debts
- Each spouse’s access to liquid assets and income-producing property
- Child custody arrangements. A custodial parent with young children may have limited earning capacity
- Each spouse’s contributions to the marriage, whether financial or homemaking
For more information, read The Top 5 Factors That Influence Alimony Decisions in Long Island, NY Courts.
Q. How does spousal maintenance affect taxes, insurance, and retirement benefits?
For divorces finalized after January 1, 2019, spousal maintenance payments are not tax-deductible to the payor and not taxable income to the recipient.
Maintenance may also affect:
- Health insurance: once divorced, a spouse can no longer stay on the other’s plan unless COBRA or a private plan is used.
- Retirement planning: maintenance obligations may influence pension, 401(k), and Social Security strategies.
A skilled divorce attorney can coordinate with your accountant or financial planner to structure payments in the most advantageous way.
For more information read Is Spousal Support Taxable?
Q. Can a prenuptial or postnuptial agreement limit or prevent spousal maintenance?
Yes. New York recognizes valid prenuptial and postnuptial agreements that clearly state how maintenance will be handled if the marriage ends.
- Such agreements can:
- Waive maintenance entirely
- Set a fixed amount or duration
- Limit maintenance to certain conditions
However, the agreement must have been executed voluntarily, with full financial disclosure and independent legal counsel for both parties to be enforceable.
For more information read our page on Prenuptial and Postnuptial Agreements.
Q. What should I do if I cannot afford the maintenance ordered?
Yes, maintenance may be modified or terminated if there’s a substantial change in circumstances, such as:
- A major increase or decrease in income
- Retirement, disability, or job loss
- The recipient’s remarriage or cohabitation with a new partner
Courts in Nassau and Suffolk counties will review whether the change is genuine and not voluntary underemployment. Any modification must be requested through a formal motion or by agreement.For more information read What To Do If You Can’t Afford Alimony.
Q. What happens if the payor spouse fails to pay the ordered maintenance?
Failure to pay court-ordered maintenance is a serious violation. The recipient may file an enforcement action, and the court can:
- Enter a money judgment for arrears
- Garnish wages or seize tax refunds
- Suspend the payor’s driver’s license or passport
- Hold the payor in contempt of court (which may result in fines or jail)
If you are owed unpaid maintenance, an attorney can help you file the necessary paperwork quickly to enforce your rights.
For more information, read How To Get Past Due Spousal & Child Support Paid on Long Island, NY
Q. Do both spouses need to exchange financial disclosures for a maintenance award?
Yes. Under New York state law, both spouses must provide sworn financial statements (net-worth statements) listing income, expenses, assets, and debts.
Accurate disclosure ensures the maintenance calculation is fair and prevents future disputes. Concealing assets or income can lead to sanctions or the reopening of the case.
Q. How should maintenance be handled in a negotiated divorce settlement?
When divorce is resolved through mediation or collaborative law, spouses can negotiate maintenance terms that fit their specific needs, rather than relying on a judge’s formula.
Many Long Island couples prefer this approach because it:
- Allows creative payment schedules
- Balances tax and cash-flow concerns
- Reduces conflict and legal fees
Your attorney or mediator can ensure any agreed-upon maintenance provisions are enforceable and incorporated into your final divorce judgment.
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About the Author
Robert E. Hornberger, Esq., Founding Partner, Hornberger Verbitsky, P.C.
- Over 20 years practicing matrimonial law
- Over 1,000 cases successfully resolved
- Founder and Partner of Hornberger Verbitsky, P.C.
- Experienced and compassionate Long Island Divorce Attorney, Family Law Attorney, and Divorce Mediator
- Licensed to practice law in the State of New York
- New York State Bar Association member
- Nassau County Bar Association member
- Suffolk County Bar Association member
- “Super Lawyer” Metro Rising Star
- Nominated Best of Long Island Divorce Attorney four consecutive years
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- Collaborative Law Association of New York – Former Director
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- American Institute of Family Law Attorneys 10 Best
- International Academy of Collaborative Professionals
- Graduate of Hofstra University School of Law
- Double Bachelor’s degrees in Philosophy, Politics & Law and History from SUNY Binghamton University
- Full Robert E. Hornberger, Esq. Bio
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