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Can I Get Spousal Support (Alimony) in Suffolk County?

Weathering the Financial Transition After Divorce

Picture this: you’ve just made the heart-wrenching decision to end a marriage, and the emotional weight feels heavy enough. Then the dollars and cents start swirling in your head. How will you keep the roof over your head? Can you cover daycare on a single income? These worries are common for Suffolk County residents moving toward divorce, and that is precisely where spousal support (often still called “alimony”) steps in. Let’s break down what maintenance is, how New York courts calculate it, and practical steps you can take to secure the financial breathing room you need.

Maintenance vs. “Alimony”: Same Idea, Updated Language

New York’s Domestic Relations Law now uses the term maintenance, but everyday folks (and plenty of lawyers) still say “alimony.” Whatever label you use, it’s a court-ordered payment from the higher-earning spouse to the lower-earning spouse to ease the transition from married life to financial independence. In Suffolk County, judges follow statewide guidelines but retain considerable discretion once they’ve run the numbers.

Two Forms of Support: Temporary and Post-Judgment

  1. Temporary (Pendente Lite) Maintenance
    Awarded while a divorce is pending, this money helps you stay afloat until the ink dries on the final judgment. Because litigations in Suffolk County often stretch many months, temporary support can be a lifeline.
  2. Post-Judgment Maintenance
    Ordered in the final decree, this longer-term support looks to future needs and earning capacity rather than the immediate crisis. Duration can range from a few months to many years, depending on how long you were married and a host of other factors.

How Courts Decide: The Guideline Formula

New York employs a two-step formula that accounts for each spouse’s income. As of 2025, the income cap used in the calculation is $203,000. Judges take:

  • 20 % of the payor’s income minus 25 % of the payee’s income
    OR
  • 40 % of the combined income minus the payee’s income

The court chooses the lower of the two figures, with a final cap to ensure the recipient isn’t awarded more than the payor actually earns. If either spouse’s income exceeds $203,000, the judge may consider the excess, but only after weighing the statutory factors (see next section). While the math can look intimidating, the important takeaway is this: the guideline is a starting point, not the last word. Your unique facts still matter.

Beyond the Numbers: Key Statutory Factors

Judges in Suffolk County must weigh 15 factors under §236(B)(6), including:

  • Length of the marriage
  • Age and health of each spouse
  • Present and future earning capacity
  • Need for further education or training to re-enter the workforce
  • Child-care responsibilities
  • Contributions as a homemaker or stay-at-home parent
  • Wasteful dissipation or transfer of marital assets

By preparing clear documentation such as pay stubs, tax returns, childcare receipts, and even a résumé, you empower the court to see the full picture rather than a cold printout from a software program.

Duration Guidelines: A Rule of Thumb, Not a Straightjacket

New York suggests ranges tied to marriage length:

  • 0–15 years of marriage: 15 %–30 % of the marriage’s length
  • 15–20 years: 30 %–40 %
  • 20+ years: 35 %–50 %

For example, if you were married for 12 years, the statutory guideline suggests support between 1.8 and 3.6 years. A judge can deviate up or down so long as they explain why. Common reasons include disability, an infant child at home, or a significant disparity in retirement savings.

Modifying or Terminating Maintenance

Life rarely stays still. Suppose you lose your job or your ex doubles their income. Either party may petition the Suffolk County Supreme Court for a modification by showing a substantial change in circumstances. Remarriage or cohabitation by the recipient often terminates support, but read your judgment carefully—some orders require a new court filing, while others end automatically.

Enforcement Tools When Payments Stop

If a former spouse falls behind, New York gives you several enforcement avenues:

  • Income execution (wage garnishment)
  • Money judgment with 9 % statutory interest
  • Suspension of driver’s or professional licenses
  • Contempt of court, which can carry fines, or in extreme cases, jail time

Act quickly; judges dislike arrears piling up because they create hardship and hostility.

Tax Consequences: Post-2019 Rules

Thanks to the Tax Cuts and Jobs Act, maintenance is no longer deductible for the payor, nor is it considered taxable income to the recipient for divorces finalized after December 31, 2018. Budget accordingly; that change often shifts negotiations because the higher-earner no longer harvests a tax benefit for writing the checks.

Practical Tips to Strengthen Your Claim

  1. Document Your Budget Early
    Build a spreadsheet of rent, groceries, child-care, health insurance, and other recurring costs. Judges rely on concrete numbers, not guesses.
  2. Highlight Contributions
    Whether you paused a career to raise children or supported your spouse through graduate school, those sacrifices matter.
  3. Don’t Delay Filing
    The court cannot award retroactive maintenance earlier than the filing date. If you need support, file your request promptly.
  4. Consider Negotiated Settlements
    Mediation or collaborative divorce often achieves creative solutions—like lump-sum buyouts or short-term boosts for professional training—without rolling the dice in court.

How a Suffolk County Family Law Attorney Helps

While online calculators offer ballpark figures, real cases hinge on narrative and nuance. An experienced local attorney:

  • Knows how Suffolk County judges interpret the statute in practice
  • Crafts evidence packages that underscore your need for maintenance
  • Negotiates fair agreements, sparing you from protracted litigation
  • Tracks and enforces payment schedules so you can focus on rebuilding your life

Ready for a Financial Fresh Start?

Divorce is never just paperwork; it’s a pivotal moment to secure stability for yourself and any children who rely on you. If you are wondering whether you can obtain spousal support in Suffolk County, let’s talk. Chris Palermo has guided Long Islanders through complex maintenance cases for more than two decades, blending sharp legal strategy with down-to-earth advice. Reach out today and schedule a confidential consultation to chart your next chapter with confidence.