New York State Law provides that, except where spouses have
entered into an Agreement providing for or waiving maintenance
payments, the Court shall, in any matrimonial action upon proper
request of a party, make an award for post-divorce maintenance.
The Court "may" determine the duration of post-divorce maintenance
in accordance with the following "advisory" schedule:
|Length of marriage||Percent of the length of the marriage for which maintenance will be payable|
|0 up to and including 15 years||15% - 30%|
|More than 15 years up to and including 20 years||30% - 40%|
|More than 20 years||35% - 50%|
Note that the schedule is advisory only and use of the word "may" with regard to the Court's actions indicates that the Court's authority regarding the duration of post-divorce maintenance is discretionary and not mandatory.