JUAN LUCIANO DIVORCE LAWYER
JUAN LUCIANO DIVORCE LAWYER
When a couple decides to end their marriage, the question of alimony, referred to as spousal support or maintenance in New York, can quickly become a flashpoint. Alimony isn’t about punishing one spouse or rewarding the other; still, few issues stir more disagreement. One spouse may feel support is essential to maintain stability after years spent managing the home or earning less; the other may see it as an unfair, open-ended obligation. Whether the amount is negotiated or set by a judge, emotions and finances collide. Having an experienced New York alimony attorney in your corner can bring clarity, reduce conflict, and help you pursue a fair outcome with as little stress as possible.
If you and your spouse are having difficulty agreeing on spousal support, we can help. At the law offices of Juan Luciano Divorce Lawyer, we have dedicated our careers as NYC spousal support lawyers and divorce attorneys to making the divorce process simplified and amicable. We can also offer aggressive strategies, if needed, to ensure that your legal and financial rights are being thoroughly represented.
As experienced Manhattan divorce lawyers, we may be able to help you understand spousal support orders or help you create an agreement that will be beneficial to you. Contact our law office today at (212) 537 5859 to schedule a consultation with our top-rated spousal support attorneys.
Alimony is when one spouse provides some form of financial support to the other during or after a divorce. This is done to provide financial balance to the divorcing couple and help limit any adverse economic effects to the spouse who is the lower wage earner. In many cases, the court will seek to continue the same standard of lifestyle that the couple enjoyed during the marriage while still considering the financial changes that the divorce will bring in the way of income and tax implications. In cases of high net worth divorce especially, these matters can become complex.
At the law office of Juan Lucian Divorce Lawyer, our team of NYC lawyers is well-versed in handling matters related to the maintenance and support of a spouse. We may be able to help you create a New York City spousal support agreement and help you understand your roles and responsibilities in the agreement. To speak with top-rated New York alimony attorney Juan Luciano about spousal maintenance and other divorce or family law matters, contact our law office at (212) 537 5859.
You may hear terms such as spousal maintenance, spousal support, and alimony when discussing payments for spousal support with your ex-spouse in NYC. These terms may be used interchangeably. However, they refer to different items in New York.
Spousal Support is a payment that a court grants to one spouse for support while the marriage is still valid. This is quite a common occurrence. The awarding of spousal support may occur when the spouses are separated or are preparing for divorce. However, it can also happen if one person in the marriage fails to meet a financial obligation to the other.
Spousal maintenance payments refer to spousal support payments that are ordered to continue after the divorce is made final.
Alimony is the official term used by other states to refer to the aforementioned types of payments. However, New York does not use alimony as an official term. Because alimony is such a common term, some New York attorneys may use it to talk to clients in terms they are familiar with.
Our highly qualified team of Manhattan alimony lawyers at the law office of Juan Luciano Divorce Lawyer may be able to help answer your questions about the legal aspects and confusing terminology about alimony and spousal support. Contact us today to schedule a consultation.
When spousal support is on the line, you need an advocate who understands both the numbers and the human stakes. Our team at Juan Luciano Divorce Lawyer guides clients through every phase of maintenance, from negotiating fair terms, enforcing court orders, to pursuing or opposing modifications when life changes. Drawing on years of focused New York family-law experience, Mr. Luciano blends sharp financial analysis with practical strategy, whether your case involves high-earner income caps, complex business compensation, or the day-to-day realities of rebuilding after divorce.
A former President of the Bronx Family Court Bar Association and faculty member for the Practicing Law Institute, Mr. Luciano is known for thorough preparation, clear communication, and results. His insights have appeared in major publications, including the New York Law Journal and The Wall Street Journal. With offices in Midtown and the Bronx, and services available in Spanish, our firm offers accessible, personalized representation, empowering you to make confident decisions and securing a spousal support outcome that fits your future.
There are several types of alimony in New York. They are temporary support, rehabilitative support, permanent support, and reimbursement support. What type of support may be awarded will be dependent on the couple’s situation and financial factors.
| Type of Support | Definition / Purpose | Typical Scenario |
|---|---|---|
| Temporary support | Support awarded during the divorce process to help one spouse meet financial needs until the divorce is finalized. | One spouse earns much less and needs financial help while the divorce is pending. |
| Rehabilitative support | Support awarded for a limited time to help a spouse gain education or training to become self-supporting. | A spouse who stayed home to raise children and now needs job training. |
| Permanent support | Long-term or indefinite support awarded when one spouse cannot become self-supporting due to age, health, or long-term absence from the workforce. | A long marriage where one spouse has been out of work for many years. |
| Reimbursement support | Support compensating a spouse who paid for the other’s education or training during the marriage. | One spouse funded the other’s college or professional degree and seeks repayment. |
Prenuptial (“prenup”) and postnuptial (“postnup”) agreements let spouses decide in advance how maintenance (spousal support) will be handled if they separate or divorce. In New York, courts generally honor these contracts when they’re properly made—meaning they’re in writing, signed, and duly acknowledged with the same formalities as a deed, as required by DRL § 236(B)(3). If those formalities are met and the process was fair, judges will usually apply your agreement’s spousal-support terms rather than default statutory guidelines.
A prenup is signed before the wedding and can:
If the prenup is valid, the court will usually enforce it in the divorce—meaning the judge starts with what you already agreed to, not the default maintenance guidelines.
A postnup is similar but signed after the wedding. Couples use postnups to:
If a postnup meets the same writing + acknowledgment requirements, it carries the same weight as a prenup in a later divorce.
Courts enforce marital agreements when the formalities are satisfied and the parties had a fair process—ideally with independent counsel and full financial disclosure. In practice, judges ask: Did each spouse have a real opportunity to understand what they were signing? Was there time to review and negotiate? If yes, the agreement’s maintenance provisions usually govern the outcome.
However, even a signed agreement can be set aside or limited if there’s proof of:
Courts can sever a problematic clause (like an extreme waiver) and enforce the rest.
Many New York agreements trade certainty for flexibility. For example, spouses sometimes waive maintenance but include safety valves—like a “sunset” that revives support after a long marriage, or a predetermined amount that scales with income bands or years married. Others set duration limits (say, up to three years or until re-employment) and build in termination triggers for remarriage or sustained cohabitation. Attorney-fee clauses are also common, spelling out who pays if the agreement is litigated. Judges typically honor these designs so long as they don’t violate public policy.
Predictability reduces conflict and legal spend; entrepreneurs protect closely held businesses; heirs preserve family assets; caregivers and career partners can bargain for fair support without leaving it to a formula. Clear terms also protect privacy by narrowing what needs to be fought in open court.
At divorce, the judge first looks to your agreement. If it’s valid, the court applies it. If a spouse challenges it, the challenger must prove fraud, duress, unconscionability, or a defect in execution. While a case is pending, a judge may still award temporary (pendente lite) maintenance to prevent immediate hardship, then decide final enforcement at judgment. When a maintenance order is in place, any future attempt to modify it proceeds under DRL § 236(B)(9)—but the starting point remains what the prenup or postnup says, if it’s enforceable.
When questions about spousal support feel overwhelming, a skilled NYC Spousal Support Lawyer from Juan Luciano Divorce Lawyer can step in to protect your rights, clarify your options, and build a strategy that fits your life—whether you’re negotiating terms, enforcing an agreement, or seeking a fair modification. Our team blends sharp advocacy with practical solutions, so you leave uncertainty behind and move forward with confidence. Contact us today to schedule a consultation and let us help you protect what matters most.
Many factors will be considered in determining alimony during a divorce process. The court will consider factors such as:
Depending on financial need, alimony may be awarded to either spouse, not just the woman. Today, either spouse may be the primary wage earner and the other spouse may be entitled to alimony, depending on the individual factors involved.
Every alimony case in New York is different, contact us today to set up an appointment with an experienced spousal support lawyer at (212) 537 5859.
The court will usually order the spouse paying support to pay it periodically, typically monthly. The court will not interfere if the spouses make an agreement to pay support and in what way they want to pay it to the receiving spouse (i.e. a monthly direct deposit). However, if the parties cannot agree on the payment method, the judge will often create an income withholding order to make sure that payments are made as promised.
Income withholding allows the employer of the spouse to directly deduct the payments from the employee’s wages and send them to the spouse. The spouse who is not paying can file a court complaint and ask for assistance in collecting past-due payments if the paying spouse fails to pay their obligation.
Sometimes, the parties may agree to a lump sum payment of support. In this case, the payor will pay the entire amount on a specified date. A lump-sum support can be a great option for some spouses because they won’t have to wait for a check every month. However, most couples don’t have the financial resources to pay a large amount at the end of a divorce.
Alimony provides financial support for the beneficiary to help them become financially independent, Alimony is usually a long-term arrangement. Alimony usually has a duration that allows the receiving spouse to achieve financial independence. New York judges will start deliberations on the duration of alimony they should award using an advisory non-compulsory schedule. The length of the marriage is usually used to determine the duration of the alimony.
Judges may use an advisory schedule provided by New York to determine how long alimony will be paid. This table lists the percentage of time that the couple has been married. If the judges use other factors to determine the duration of the alimony, they may not use the advisory schedule.
Contact Manhattan spousal support attorney Juan Luciano today at (212) 537 5859 to schedule a consultation regarding alimony and spousal support in New York.
Spousal support isn’t set in stone. If life changes in a significant way, New York courts can modify what you pay or receive—but only when the law’s standards are met and the proof is there.
New York law allows a judge to change post-divorce maintenance when there’s a substantial change in circumstances—think real, lasting shifts in finances, health, or need. This standard comes from Domestic Relations Law (DRL) § 236(B)(9), which governs how maintenance orders are enforced, modified, or terminated.
Common examples include:
The court looks at why your income changed. If the drop is involuntary (layoff, industry downturn, medically required reduction), you may qualify. If it’s voluntary (choosing to work fewer hours, switching to a lower-paying job without good reason), the court typically won’t reduce support. DRL § 236(B)(9) places particular emphasis on financial honesty, and judges regularly impute income when someone is voluntarily under-employed.
It’s important to remember that, even if you experience a substantial change in your financial circumstances, you should not stop or reduce payments on your own. Under DRL § 236(B)(9) and FCA § 451, modifications are usually retroactive only to the date you file your request—meaning any shortfall before you file becomes arrears that are extremely hard (often impossible) to erase. File first; then ask the court to adjust.
Like child support, the state of New York has guidelines for judges to use when determining spousal support awards. There are two formulas, one for couples with children and one without. Both formulas are based on net income with some allowable adjustments. But this formula only applies to net income of $228,000 or less.
If you are someone who is considering asking for spousal support or one who may be subject to paying alimony in New York, it is recommended that you get the legal advice of an experienced New York divorce attorney or spousal support lawyer to assist you and identify any factors that may benefit you.
Pendente lite maintenance is temporary spousal support that a New York court can award while a divorce case is pending. It’s meant to keep the lower-earning spouse financially afloat and closer to the marital standard of living until there’s a final judgment. By statute (DRL §236[B][5-a]), courts start with a formula and must order the “guideline” amount on the payor’s income up to the statutory cap, currently $228,000 as of 2025, unless that result would be unjust or inappropriate. Judges can deviate based on statutory factors, and they can also consider additional maintenance on income above the cap.
To get pendente lite maintenance, a spouse files a motion (often with a statement of net worth and financial documents). Any award is typically effective (retroactive) to the date the application was made, and it lasts only until the case is resolved or the court issues a different order. Courts retain discretion in unusual circumstances, but they generally anchor the calculation to the statutory framework described above.
For divorces that were finalized before December 31, 2018, spousal maintenance payments are considered taxable income for the recipient partner and deductible on federal taxes for the paying partner. However, the 2017 Tax Cuts and Jobs Act states that maintenance payments made after January 1, 2019, are no longer exempt from federal tax and can be attributed to income.
New York’s state tax law is different from the federal tax law. NY Tax Law § 612 states that alimony payments can be deducted for the spouse paying them and count as income for the spouse receiving them. This can be quite confusing for those who are not well-versed with the law surrounding taxes and spousal support. This is why it is important to seek the help of an experienced spousal support attorney when dealing with matters surrounding alimony.
The law office of Juan Luciano Divorce Lawyer has years of experience helping families deal with matters surrounding alimony and spousal support as well as other family law matters. Attorney Juan Luciano may be able to help you understand your roles and responsibilities when it comes to paying or receiving spousal support in NYC. To schedule a consultation, contact us today.
There’s no one-size-fits-all answer. The judge looks at the advisory durational schedule tied to the length of the marriage, then adjusts as needed.
As guidance, the duration is can be as follows:
These are advisory, not automatic, and courts still weigh statutory factors.
Yes. If there’s a substantial change in circumstances since the last order. Common grounds include involuntary job loss or income reduction, a significant increase in the recipient’s income, or serious health issues affecting ability to earn. Modifications proceed under DRL § 236(B) and are generally retroactive only to your filing date.
Yes. Post-divorce maintenance automatically terminates upon the recipient’s remarriage (and upon the death of either party). Cohabitation isn’t automatic, but the court may end support under DRL § 248 if the recipient is habitually living with another person and holding themselves out as that person’s spouse.
New York uses a formula up to an income cap (adjusted periodically). The maintenance payor income cap is $228,000 under the Maintenance Guidelines Act; above that, judges apply statutory factors to set a fair amount. The Unified Court System also provides worksheets/tools to assist calculations.
Absolutely. Maintenance is gender-neutral and depends on income and need, not gender. Courts apply the same statute (DRL § 236) regardless of which spouse seeks support.
For federal taxes, alimony in divorce instruments executed on or after Jan. 1, 2019 is not deductible by the payor and not income to the recipient (TCJA change). New York State has decoupled from federal law: New York generally allows a deduction to the payor and treats it as income to the recipient on the state return. Always confirm with a tax professional.
New York offers strong enforcement tools: income execution/wage garnishment (CPLR § 5241), money judgments for arrears, and contempt (which can include fines or jail). Courts and bar guidance list these as standard remedies.
Highly recommended. Between the formula, caps, durational guidelines, modification standards, and tax interplay, these cases are technical and high-stakes. A knowledgeable advocate can position the facts, assemble proof, and protect you in negotiations and court. Speak with an experienced lawyer from Juan Luciano Divorce Lawyer to get clear advice and a tailored plan.
Divorce is complicated and stressful enough. Alimony and spousal support are often places where tensions can run particularly high. Having the right New York alimony attorney can ease those tensions in the divorce process. Alimony can be successfully negotiated before the court gets involved if done skillfully and strategically.
Juan Luciano Divorce Lawyer has dedicated his career to families in the crossfire of divorce, skillfully navigating partners toward mutual goals that will enable them to go into the future. Our law firm may also be able to help you with other family law issues such as child custody and child support. Contact our law office today at (212) 537 5859 to schedule a consultation.
