Spousal Maintenance & Alimony Attorneys in Staten Island, NY
When couples divorce, the financial impact can be just as significant as the emotional toll. One of the most complex financial issues in a divorce is spousal maintenance, also known as alimony. These payments can affect both parties for years after the finalization of a divorce.
At Angiuli & Gentile, LLP, we help individuals understand their legal options and financial responsibilities related to spousal maintenance. Whether you are seeking support or are being asked to provide it, our team will work to secure a fair and legally sound outcome that protects your future.
Understanding Spousal Maintenance
What Is Spousal Maintenance?
Spousal maintenance is a legal obligation where one spouse provides financial support to the other after a separation or divorce. It is designed to lessen economic inequality and help the lower-earning spouse maintain a standard of living similar to what they had during the marriage.
Unlike child support, which is calculated based on specific state formulas, spousal maintenance involves a more nuanced evaluation. Courts consider each party’s financial position, earning capacity, and contributions to the marriage before determining if support is appropriate.
Why Is It Awarded?
Spousal maintenance is awarded when one party is financially dependent on the other and needs time or resources to become self-sufficient. In many cases, one spouse may have left the workforce to raise children, manage the household, or support the other’s career or education. Maintenance offers a financial bridge until that person can regain financial independence.
Types of Spousal Maintenance in New York
Temporary Maintenance (During Divorce)
Known as pendente lite maintenance, this type of support is granted during the divorce proceedings. Its purpose is to provide immediate assistance to the spouse who may not have access to shared marital funds or who earns less. It ends once the divorce is finalized and is replaced (or not) by a post-divorce maintenance order.
Post-Divorce Maintenance
This refers to payments ordered after the divorce is complete. Depending on the case, this support may be:
- Durational: Lasts for a set time, typically linked to the length of the marriage.
- Permanent: Awarded in rare cases, such as very long marriages or situations where one spouse is elderly or disabled and unlikely to become self-supporting.
Rehabilitative Maintenance
Rehabilitative maintenance is a short-term financial arrangement intended to support a spouse as they return to school, gain job training, or re-enter the workforce. This type of alimony is often included when one spouse needs to develop the skills or education necessary to support themselves.
Lump-Sum Alimony
Lump-sum alimony is a one-time payment intended to fulfill the maintenance obligation in a single transaction. This can simplify post-divorce finances and sever ongoing ties, but it must be carefully negotiated to ensure fairness and enforceability.
How Spousal Maintenance Is Calculated in New York
New York’s Maintenance Guidelines
New York uses statutory formulas to calculate the presumptive amount and duration of spousal maintenance. These formulas consider both parties’ gross income and whether child support is also being paid. However, courts have discretion to adjust the outcome if following the formula would be unjust or inappropriate.
Key Factors in Determination
Beyond the formula, the court considers numerous factors, including:
- Length of the marriage
- Age and health of both spouses
- Present and future earning capacity
- Educational background and career history
- Whether one spouse delayed or sacrificed their career
- Standard of living established during the marriage
- Tax implications of the award
- Contributions to the household (both financial and non-financial)
Each case is unique, and the court’s decision must reflect the full picture of the couple’s financial and personal circumstances. At Angiuli & Gentile, LLP, we assist in preparing detailed financial disclosures and presenting compelling arguments that support a fair and appropriate outcome.
Common Alimony Disputes and How We Resolve Them
When the Amount Feels Unfair
Whether you are the paying or receiving spouse, disputes can arise when one party believes the support award is excessive or inadequate. Common concerns include hidden income, underemployment, or unfair imbalances in the calculation process.
High-Conflict or High-Asset Divorce Cases
In complex divorces involving significant assets or business ownership, spousal maintenance can become particularly contentious. Questions may arise over asset valuation, lifestyle expectations, and the use of marital funds. Our attorneys have deep experience in high-net-worth divorces and can navigate these intricacies effectively.
Enforcement Issues
If a spouse fails to make court-ordered payments, legal action may be necessary to enforce compliance. We can help you seek:
- Wage garnishment
- Seizure of assets
- Contempt proceedings
- Judgment enforcement
On the other hand, if you are struggling to make your payments due to a legitimate change in circumstances, we can help you petition the court for relief or a modification.
Modifying or Terminating Spousal Maintenance
When Can Alimony Be Modified?
Spousal maintenance orders are not always permanent. Either party can request a modification if there has been a substantial change in financial or personal circumstances, such as:
- Job loss or significant decrease in income
- Retirement or disability
- Remarriage or cohabitation of the receiving spouse
- Increased earning capacity or new employment of the receiving spouse
We assist clients with filing petitions to increase, decrease, or terminate maintenance. We also defend clients against unfair or unjustified modification requests.
What Happens If Alimony Is No Longer Needed?
When the purpose of maintenance has been fulfilled—such as when a recipient spouse becomes self-supporting or finishes school—either party can request that the court end the support obligation. Our team can help evaluate whether the conditions for termination have been met and ensure the process is handled properly through the court.
Do You Qualify for Spousal Maintenance?
Eligibility for Spousal Support
Not every spouse is entitled to receive maintenance. Eligibility depends on several factors, including:
- Financial dependence during the marriage
- Sacrifices made for the family or spouse’s career
- Limited work experience or educational background
- Health and age
- Duration of the marriage
If you are unsure whether you qualify—or if you believe a claim against you is unjust—our attorneys can review your case and offer a clear, honest assessment of what to expect.
Why Clients Trust Angiuli & Gentile, LLP
At Angiuli & Gentile, LLP, we have earned a trusted reputation for guiding clients through the legal and financial complexities of divorce with confidence, clarity, and compassion. Our family law team has decades of experience navigating New York’s divorce and spousal maintenance system, and we take pride in delivering results that align with each client’s unique goals.
Personalized Legal Strategies for Every Client
We understand that no two divorces are alike. That’s why we take the time to listen, evaluate your situation, and craft a legal strategy that addresses your specific concerns—whether you are negotiating a fair spousal support agreement or seeking to modify an existing order.
Mastery of New York Spousal Maintenance Law
Our attorneys possess a comprehensive and up-to-date understanding of New York’s spousal maintenance formulas, statutory guidelines, and judicial trends. We ensure your case is built on solid legal footing and that all financial calculations are fully supported by the law and the facts of your marriage.
Skilled Negotiators and Courtroom Advocates
We aim to resolve support issues efficiently through negotiation or settlement when possible—but we are fully prepared to advocate for your rights in court when needed. Whether you’re dealing with high-conflict disputes, hidden assets, or uncooperative spouses, we fight to protect your financial future.
Responsive and Compassionate Representation
Divorce is personal—and it often comes at one of life’s most challenging moments. We’re here to make the process less stressful by maintaining clear, honest communication, answering your questions promptly, and supporting you every step of the way.
A Track Record of Strong Results
Our firm is known for helping clients achieve fair, sustainable financial outcomes. We’ve protected individuals from excessive support demands, secured critical maintenance awards, and successfully handled complex modification and enforcement cases.
Committed to Fairness and Stability
Whether you’re at risk of being overburdened by an unfair support order or are trying to secure the maintenance you need to rebuild your life, Angiuli & Gentile, LLP is committed to delivering outcomes that promote fairness, financial stability, and peace of mind.
Frequently Asked Questions
How long will I have to pay or receive maintenance?
The court uses guidelines based on the length of the marriage to determine how long post-divorce maintenance should last. For example, a marriage of 15 years may result in maintenance payments for up to 7 years. Courts also have discretion to adjust the duration based on the case’s facts.
Can I change my alimony order?
Yes. If you experience a significant change in financial or personal circumstances, you may be eligible to request a modification of your support order. This requires filing a petition and proving the change through documentation.
What happens if my ex-spouse refuses to pay maintenance?
Failure to pay court-ordered maintenance is a serious matter. The court can enforce payment through wage garnishment, liens, or even contempt charges. We help clients recover unpaid maintenance and hold the non-paying party accountable.
Does adultery affect spousal support?
Generally, New York’s no-fault divorce system means that misconduct such as infidelity does not directly impact maintenance. However, if marital funds were misused due to an affair, that may affect asset distribution or trigger legal consequences.
Is maintenance required in every divorce?
No. Spousal maintenance is not guaranteed. If both parties are financially independent or the marriage was very short, the court may not award any support.
Contact Angiuli & Gentile, LLP Today
If you are facing spousal maintenance issues in your divorce—or if you need to modify or enforce an existing order—don’t try to handle it alone. The experienced attorneys at Angiuli & Gentile, LLP are here to help you understand your rights, evaluate your options, and advocate for the outcome you deserve.
We proudly serve clients throughout Staten Island and the greater New York area. Contact us today to schedule a confidential consultation.
