Spousal Maintenance: Advocating for Fair Terms
We analyze the length of the marriage, both spouses' incomes, and every factor that matters under New York law, then advocate for terms that serve your interests. Whether you are seeking maintenance or being asked to pay it, we press for a result that reflects the facts of your case and protects what you have built.
How New York approaches maintenance
We prepare every case as if it may need to be defended in court, so you are always negotiating from a position of strength. New York uses statutory guidelines to calculate presumptive maintenance amounts and duration based on income. Courts may deviate from the guidelines by considering factors including the length of the marriage, each spouse's income and earning capacity, contributions to the other's education or career, health and age of the parties, tax consequences, and the standard of living established during the marriage.
Temporary vs. post-divorce maintenance
Temporary maintenance may be ordered during the pendency of a divorce proceeding to preserve the financial status quo. Post-divorce (durational) maintenance is ordered in the final judgment and may be modifiable or non-modifiable depending on the negotiated terms. We address both phases strategically.
If you are seeking maintenance
We build your case around documented income disparity, career sacrifices made during the marriage, and all other statutory factors. We advocate for terms that give you adequate time and resources to achieve financial independence, or for long marriages, for appropriate ongoing support.
If you are being asked to pay
We scrutinize the claiming spouse's income, earning capacity, and independent assets. Maintenance is not automatic, and its amount and duration must be justified by the facts. We fight for a result that is fair and does not impose an unreasonable long-term burden.
Other Services
Get the right result on spousal maintenance.
We analyze the full picture and advocate aggressively for terms that serve your interests. Reach out for a free case estimate.