How long do I have to pay spousal Support in New York?

Two Types of Spousal Support in New York

Spousal support in New York can be ordered at different stages of the divorce process, and the type of support directly affects spousal support duration.

Temporary Spousal Support (Pendente Lite)

Temporary support is awarded while a divorce case is pending. It ensures the lower-earning spouse can maintain the standard of living established during the marriage until a final order is issued. This type of support is especially common in cases where one spouse earns significantly less or has been financially dependent for most of the marriage. It remains in place until the divorce is finalized.

Post-Divorce Maintenance (Alimony)

Once the divorce is final, the court may order ongoing support, often referred to as maintenance or alimony. This post-divorce support is separate from temporary support, and may be paid monthly or in a lump sum, depending on the court’s decision. The spousal support duration for post-divorce maintenance depends on several factors, including how long the marriage lasted and each spouse’s financial situation. 

How Long Does Spousal Support Last in New York?

In New York, spousal support payments generally continue as long as the spouses are separated and legally married. There is no set end date for spousal support in New York unless the court modifies the order. If the marriage ends in divorce, the spousal support order is typically replaced by a maintenance order. 

Maintenance has specific guidelines for duration based on the length of the marriage:

• For marriages lasting up to 15 years: Maintenance is usually paid for 15% to 30% of the marriage’s duration.
• For marriages lasting 15 to 20 years: Maintenance payments typically last 30% to 40% of the marriage’s duration.
• For marriages lasting over 20 years: Maintenance is expected to last 35% to 50% of the marriage’s duration.

Can A Maintenance Order End in New York?

Yes. Alimony in New York does not always last for the full duration originally set by the court. Certain events can bring maintenance to an end automatically, including: 

• Death of either spouse
• Remarriage of the receiving spouse
• A court-approved modification due to changed circumstances

Unless one of these events occurs or the court terminates the support order, payments must continue for the full spousal support duration set by the judge.

How Is Spousal Support in New York Calculated?

New York courts use a statutory formula to calculate support. This formula considers both parties’ income and adjusts based on whether child support is also involved.

• If child support is involved: The court deducts child support first, then calculates spousal support based on the remaining income
• If no child support is involved: A larger percentage of the paying spouse’s income may go toward support

While this formula provides a baseline, it’s not the final word. Judges have the discretion to adjust both the amount and spousal support duration based on the specific facts of each case.

Additional Factors Courts Consider When Setting Duration

• The length of the marriage
• The income and earning capacity of both spouses
• The age and health of each party
• Whether one spouse sacrificed career or education to support the family
• The couple’s standard of living during the marriage
• Ongoing medical needs or special expenses
• Childcare or education responsibilities that affect employability

These details allow the court to tailor spousal support in New York to each couple’s unique situation, ensuring the outcome is fair and financially sustainable.

For an estimate, visit the New York Courts online divorce calculator.

Can Spousal Support Be Modified?

Yes, spousal support in New York can be modified if there is a substantial change in circumstances. Either spouse may request a change, but you must follow the proper legal process.

Common reasons for modification include:

• Job loss or a significant change in income
• Medical issues that affect one spouse’s ability to earn
• The recipient’s remarriage or cohabitation
• New financial obligations like child care or education costs

Modifying the spousal support duration or amount requires filing a petition with the family court and providing evidence. It’s important that you work with an experienced New York divorce attorney who can guide you through the process and help present your case effectively.