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Duration of Post-Divorce Maintenance

Kahn and Richardson - Tuesday, October 04, 2016

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.

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Practice Areas
  • Divorce
  • Separation Agreements
  • Custody & Visitation
  • Property Division
  • Spousal Maintenance
  • Child Support
  • Prenuptial Agreements

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