Life After Divorce: Spousal Support and Post-Divorce Maintenance in NY
When a marriage ends, questions arise on how the divorce will impact overall lifestyle during and after the divorce process. Post Divorce Maintenance, spousal support and alimony are meant to reduce unfair economic effects of a divorce by providing continued income to a nonworking spouse to meet their minimum reasonable needs. In New York State the Court may make an award for post-divorce maintenance based on the length of the marriage. The duration of post-divorce maintenance is addressed by NYS law and detailed in this infographic.
It is important to note that this schedule is advisory only and the Court’s authority regarding duration is discretionary and not mandatory.
Post-divorce spousal maintenance is no minor issue. An experienced divorce attorney can guide you through the process and protect your legal rights.
The Court may base length of post-divorce maintenance on length of the marriage, as recommended by NYS law.
Length or NYS Advisory Length of Marriage Schedule Maintenance Period*
0 through 15 years 15%- 30% of length of marriage 1 week – 4.5 years*
15+ through 20 years 30%- 40% of length of marriage 4.5 years – 8 years*
20+ years 35%- 50% of length of marriage 7 years and up*
*length of maintenance Is determined by a percentage of the length of marriage, and decided by the court
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