How Many Years Do You Have to Be Married to Get Alimony in NY?

Couples going through a divorce have many things to worry about, including who has to pay alimony. Alimony in New York is based upon several factors, using a standardized guideline and method of calculation.

Also known as spousal support or spousal maintenance, alimony is meant to help the less financially stable spouse meet their needs until they can become self-supporting.

The divorce attorneys at Levitsky Law Firm PLLC are experienced and ready to help you with your upcoming divorce. Speak with our divorce attorney Brooklyn to learn more about alimony and how it is calculated in New York.

What is alimony?

Alimony is financial support given to one spouse after a divorce to help them maintain their lifestyle while they recover from their ended relationship. In New York, alimony is called maintenance but serves the same purpose.

The amount of alimony and how long its paid varies wildly, depending upon the length of the marriage and each spouse’s income.

How many years do you have to be married to get alimony in NY?

There is no specific timeframe on how long a couple in New York needs to be married for one spouse to receive alimony. How long the couple was married can influence how long the spouse receives spousal support. For example, here are some examples of timeline suggestions for how long a spouse will receive alimony in the event of a divorce:

• 0 to 15 years: 15% to 30% of the duration of the marriage
• 15 to 20 years: 30% to 40% of the time of the marriage
• 20+ years: 35% 50% of the time of the marriage

If you need a divorce lawyer in Brooklyn, look no further. The attorneys at Levitsky Law Firm PLLC put their client’s needs first, doing everything possible to help them navigate the courts and establish the best alimony settlement that is fair to both spouses. So call our office today, and we will help you in every way possible during your divorce.

Factors That Influence Alimony Duration and Amount

In New York, the duration of a marriage is only one of many factors the court considers when determining whether alimony or spousal maintenance should be awarded. Other key considerations include:

• The income and property of both spouses
• The age and health of each spouse
• Whether one spouse has been out of the workforce to care for children
• The standard of living established during the marriage
• The need for one spouse to receive education or training to become self-supporting
  

These factors allow the court to weigh the financial interdependence developed during the marriage. Even short marriages may justify temporary maintenance if one spouse needs time to reenter the workforce or secure housing.

Temporary vs. Post-Divorce Maintenance

Spousal support in New York comes in two primary forms: temporary maintenance and post-divorce maintenance. Temporary maintenance is often awarded during the divorce process to ensure both parties can meet their basic expenses. Once the divorce is finalized, the court may order post-divorce maintenance based on statutory guidelines and judicial discretion.

Temporary support does not require a specific length of marriage, and it ends when the final divorce judgment is entered. Post-divorce maintenance, however, often aligns with the ranges listed in the original blog—based on the duration of the marriage—but those are guidelines, not strict rules.

Understanding the Guideline Formula

New York uses a statutory formula to calculate temporary and post-divorce maintenance. The formula accounts for both spouses’ incomes and applies a cap (currently $203,000 as of 2024, though this amount may be adjusted). Judges may deviate from this formula when circumstances justify it, especially if applying the guideline would be unjust or inappropriate.

For example, suppose one spouse earns significantly more and the other has not worked for over a decade. In that case, the court may award a larger or longer spousal maintenance amount to reflect the imbalance, even if the marriage was less than 15 years.

When Alimony May Be Denied

While many divorcing spouses assume alimony is automatic, it is not guaranteed. If both spouses earn similar incomes or have equivalent earning potential, the court may not find it necessary to award maintenance. Similarly, if the marriage was brief (less than two years, for example) and no financial dependency existed, the court might decline to grant any support.

Additionally, evidence of financial misconduct, such as wasting marital assets, may impact a spousal support award. However, fault (such as infidelity) is not typically considered unless it directly affects a spouse’s financial situation.

Modifying or Terminating Maintenance

Once awarded, maintenance is not always permanent. It can be modified or terminated if there’s a substantial change in circumstances. Common reasons include:

• Remarriage or cohabitation by the receiving spouse
• Retirement or significant income loss by the paying spouse
• Completion of education or job training by the receiving spouse
  

It’s also worth noting that spousal maintenance ends upon the death of either spouse, unless the divorce decree includes provisions for continuing payments through life insurance or estate distributions.

Tailored Legal Support Makes a Difference

Because alimony decisions are highly fact-specific, working with a knowledgeable family law attorney is essential. At Levitsky Law Firm PLLC, the legal team carefully examines each client’s financial position, career history, and long-term goals to argue for fair and appropriate outcomes. Whether you’re negotiating a settlement or litigating a contested divorce, personalized legal strategies help ensure your future remains stable and secure.

To learn more about how New York courts evaluate support requests, visit the firm’s family law services or review past client results for insight into their approach.