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Spousal Maintenance (Alimony)

Long Island Alimony, Maintenance & Spousal Support Lawyer in Suffolk and Nassau Counties

Maintenance (what is commonly called alimony or spousal support) is intended to allow both parties to be financially independent and to live to the same standard of living that they became accustomed to during the marriage. Similar to child support, there is a maintenance formula that serves as a guideline to how much maintenance you may have to pay or the amount you will receive. It is important to note that on your Federal Taxes, maintenance payments are no longer deductible as income and that payments received are no longer considered income subject to taxation to the person receiving the payments. However, currently on your New York taxes, payments can still be deducted from your income and maintenance received is still considered income.

Spousal Maintenance (Alimony)

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The Badanes Law Office Knows All of the Factors that Influence New York Maintenance (Alimony) Law

A Court can award temporary maintenance and/or post-divorce maintenance. Temporary maintenance is awarded for the period of time between the filing of the divorce action and when the divorce is final (which can be anywhere from several months to several years). Post-divorce maintenance is for maintenance after the divorce is final.

As stated, there is now a spousal maintenance formula to determine the amount, if any, of temporary maintenance and post-divorce maintenance. The formula is based on both spouse’s income and is somewhat complicated. However, as an estimate, the amount of maintenance can be anywhere from 0% to about 35% of your income.

There is no set formula for determining if post-divorce maintenance (alimony) will be awarded, how much will be awarded, and for how long it will be provided. However, the Courts will consider the following factors:

  • Income of the parties; especially if one spouse earns a high income
  • Duration of the marriage
  • Age and health of the parties
  • Present and future earning capacity of the parties
  • Ability of the party seeking maintenance (alimony) to become self-supporting
  • Tax consequences
  • Contributions of the party seeking maintenance
  • Wasteful dissipation of assets

The Badanes Law Office will make sure that you are armed with the advice you need when it comes to alimony (maintenance). If you need help in your divorce or in your alimony (maintenance) issue, contact Long Island divorce attorney David P. Badanes today.

If you need a Long Island divorce attorney to help you in your divorce or in your maintenance (alimony) issue, contact the Badanes Law Office today.


I was unusually fortunate to have David Badanes tackle a very technical, complex and stubborn post-divorce issue. He was down-to-earth, practical and diplomatic but nonetheless persistent. He never promised the impossible: he stayed focused on the achievable. An expert in another state observed she’d never seen a situation quite like mine but she came to admire Badanes’s grasp of the case and its issues. I sincerely believe there are very few attorneys who could have managed in a case like this to bring about a successful and reasonable resolution.

Dan van B., Huntington, NY