Buffalo Alimony Lawyers

It’s never easy when a marriage comes to an end. You spend years building a life together, sharing expenses, dreams, maybe even raising children, and then one day, everything starts to unravel. Suddenly, you’re staring down not only emotional uncertainty, but financial instability as well. Maybe you were the one who stayed home to care for the kids while your spouse worked. Maybe you supported them through years of schooling, or sacrificed your own career so they could advance theirs. Whatever your situation, one thing has become clear: you need to understand your rights when it comes to alimony. That’s where we come in. Contact the knowledgeable and dedicated Buffalo alimony lawyers here at Raimondo & Sundquist LLP for an initial consultation so we can discuss your case and develop a comprehensive strategy on your behalf.

What is Alimony?

Alimony, also known as spousal maintenance, is a form of financial support that one spouse may be required to pay to the other during or after a divorce. The idea is simple in principle, but complex in practice: to ensure that both spouses can maintain a fair and reasonable standard of living once the marriage is over.

There are two main types of maintenance in New York: temporary (pendente lite) maintenance and post-divorce maintenance. Temporary maintenance is exactly what it sounds like: payments made while the divorce case is ongoing, meant to help the lower-earning spouse cover everyday living expenses until the court issues a final judgment. This type of support doesn’t last forever; it ends when the divorce becomes final.

Then there’s post-divorce maintenance, which begins once the divorce decree is issued. Sometimes it’s short-term, meant to help a spouse get back on their feet while they re-enter the workforce or complete necessary training. In other cases, particularly after long marriages, it can last for several years. The goal is not to create lifelong dependency, but rather to prevent one party from facing sudden financial ruin while the other walks away with stability intact.

What Qualifies for Alimony in New York?

Not every divorce involves alimony. In fact, many don’t. But when there’s a clear imbalance in earning power, the court may decide that maintenance is appropriate. The process isn’t automatic, though. Judges consider several factors before deciding whether one spouse qualifies for alimony and how much they should receive. Some of those factors are as follows:

• The length of the marriage: Generally, the longer the marriage, the more likely maintenance will be awarded.
• The income and earning capacity of both parties: Courts look closely at not just what each spouse earns now, but what they could earn in the future.
• The age and health of both spouses: If one party is older or dealing with a medical condition that limits employability, that can weigh heavily in the decision.
• Contributions to the marriage: These aren’t just financial. Running the household, caring for children, or supporting the other spouse’s career all count.
• The standard of living established during the marriage: Courts aim, where possible, to maintain a similar quality of life for both spouses after the divorce.
• Custody and child care responsibilities: If one spouse will be the primary caregiver for minor children, that impacts their ability to work full-time and can justify maintenance.

Importantly, alimony might be denied if both spouses are financially independent, if the marriage was very short, or if the requesting spouse has significant assets of their own. Ultimately, the court’s goal is fairness, not favoritism.

How is Alimony Calculated in New York?

New York doesn’t leave alimony entirely up to the judge’s discretion. The state uses a statutory formula to provide a framework for calculating maintenance, outlined in Domestic Relations Law §236(B)(5-a). The formula considers both spouses’ incomes and determines a presumptive maintenance amount, but it’s just a starting point. Judges can, and often do, deviate from the formula when fairness requires it.

There’s also an income cap that changes annually based on cost-of-living adjustments. The formula applies only up to that cap; for income above it, the court uses discretion to decide whether additional maintenance is appropriate.

Beyond the formula, judges may look at numerous factors to ensure the result is just. Those factors may include the following:

• The recipient’s need for additional education or training to become self-supporting
• The tax consequences of an alimony award
• The wasteful dissipation of marital assets by either spouse
• The impact of child care responsibilities on a spouse’s ability to earn income
• The overall fairness of applying the formula to the specific case

The Duration of Alimony in New York

One of the most common concerns divorcing couples have is how long they’ll have to pay, or how long they’ll receive alimony. This depends on several factors, but the main factor is the duration of the marriage. New York’s advisory guidelines suggest the following ranges:

• For marriages up to 15 years, maintenance may last between 15% and 30% of the marriage’s duration.
• For marriages between 15 and 20 years, maintenance may last between 30% and 40%.
• For marriages over 20 years, maintenance may last between 35% and 50%

Modifying or Terminating Alimony in New York

Life changes, and so can financial circumstances. Either spouse can petition the court to modify or terminate an alimony order if there has been a substantial and unforeseen change in circumstances. Some of the most common reasons we see are as follows:

• Loss of employment or a major reduction in income
• Serious illness or disability affecting earning capacity
• Remarriage or cohabitation of the recipient with a new partner
• Significant increase in the recipient’s income or assets
• Retirement at a reasonable age that substantially lowers income
• Mutual agreement between both parties to change or end the order
• Violation of court-ordered terms related to the original judgment

Importantly, any modification must be approved by the court. Private agreements between ex-spouses, even if well-intentioned, don’t have legal effect unless formalized. Our alimony lawyers can effectively argue your case and safeguard your interests.

Enforcing Alimony in New York

When a spouse refuses to pay court-ordered alimony, the receiving party has several legal tools at their disposal. New York takes enforcement seriously, and courts have multiple ways to ensure compliance. These are as follows:

• Income withholding orders, where payments are automatically deducted from wages
• Contempt of court proceedings, which can result in fines or even jail time for willful nonpayment
• Money judgments allow the recipient to collect arrears through bank levies or liens
• Interception of tax refunds to recover unpaid amounts
• Asset seizure or bank account garnishment under court authority
• License suspensions, including driver’s or professional licenses, until payments are made

If you’re not receiving the support you’re owed, reach out to the seasoned alimony lawyers here at Raimondo & Sundquist LLP for assistance.

Contact Our Erie County Alimony Lawyers

Alimony can be one of the most emotionally charged aspects of divorce. It affects not just your wallet, but your sense of stability and fairness after a marriage ends. If you’re being asked to pay alimony or are looking to receive it, please don’t hesitate to contact the knowledgeable and dedicated divorce lawyers at Raimondo & Sundquist LLP for an initial consultation today.