Spousal Support/Alimony

Fair support, Long-term security. Skilled legal guidance.

Spousal maintenance, also called alimony, is financial help paid from one spouse to the other during or after divorce. In New York, support isn’t automatic. Spousal support is intended to help the lower-earning spouse maintain financial stability, especially when there is a significant income gap between the two parties.

Whether you're seeking support or defending against an unfair claim, The Schreck Law Group will protect your financial interests with strategic, compassionate representation. Our experienced New York divorce attorneys will guide you through every step of the process, from evaluating your financial situation and negotiating fair support terms to representing you in court if needed. Whether you are seeking spousal support or contesting an unfair claim, our team will work tirelessly to ensure an outcome that supports your long-term financial stability.

What Is Spousal Support?

Spousal support helps ensure that both spouses maintain stability after separation. It may be:

• Temporary (during divorce)

• Short-term (to allow one spouse time to become self-sufficient)

• Long-term (in rare cases, such as disability or long marriages)

Spousal support is separate from child support and is not guaranteed — it depends on your unique financial situation.

Types of Spousal Support in New York

1. Spousal Support (While Married)

One spouse may seek support while still legally married but living separately.

2. Temporary Maintenance (During Divorce)

Support provided while the divorce is ongoing which helps cover living expenses and legal fees.

3. Post-Divorce Maintenance (After Divorce Finalized)

Support ordered after the divorce is complete, often for a set period to help the lower-earning spouse rebuild.

How Is Spousal Support Calculated?

New York uses a statutory formula for calculating support, but judges also consider several personal and financial factors:

• Length of the Marriage

• Each Spouse’s Income & Future Earning Potential

• Standard of Living During the Marriage

• Health & Age of Each Spouse

•  Custody & Caregiving Responsibilities

• Contributions to the Marriage – including homemaking and career support

• Education or Job Training Needed for Self-Sufficiency

• How Assets Were Divided – including property and debt

How Long Does Spousal Support Last?

The court often follows these guidelines based on the length of the marriage:

Length of Marriage Typical Duration of Support

Less than 15 years 15–30% of marriage length

15–20 years 30–40% of marriage length

Over 20 years 35–50% of marriage length

Lifetime support may be awarded only in exceptional cases.

Can Spousal Support Be Changed?

Yes. Spousal support can be modified or terminated when:

• The recipient remarries

• Either spouse passes away

• There’s a significant change in income or need

• The recipient becomes financially self-sufficient

We'll help you file or contest a modification if your circumstances change.

Protecting Your Financial Future

Whether you're paying or receiving spousal support, here’s how to prepare:

• Document your finances – income, expenses, and lifestyle

• Avoid verbal agreements – get everything in writing

• Use a marital agreement – to pre-define terms if possible

• Work with an experienced attorney – so your rights and future are protected

How The Schreck Law Group Helps

Our divorce attorneys have deep experience with support calculations, negotiations, and litigation in Long Island, Queens & Brooklyn.

We can help you:

• Understand your rights and legal options

• Calculate fair support using New York’s guidelines

• Negotiate or contest spousal support agreements

• Petition for enforcement or modification

• Litigate in court if necessary

Visit our FAQ page to learn more about spousal support and related family law matters.

Get Guidance You Can Trust

Spousal support decisions can affect your future for years to come. Make sure you’re protected.

Contact The Schreck Law Group and let us help you secure a fair, stable financial future.