Ramonita Cordero

Ramonita

Protecting Your Financial Future with Strength and Strategy

Whether you’re seeking financial support or defending against an excessive maintenance demand, The Law Office of Ramonita Cordero provides aggressive, results-driven representation in spousal support (maintenance) proceedings. With over 35 years of experience, we serve clients throughout Bronx, Manhattan, Brooklyn, Queens, and Westchester, delivering clarity, protection, and advocacy when you need it most.

Schedule an appointment

What Is Spousal Support in New York?

Spousal support also known as maintenance or alimony is money paid by the higher-earning spouse , the “monied spouse”, to the lower-earning spouse, the “less-monied spouse”, during or after divorce. The purpose is to help the less-monied spouse become financially self-sufficient and to maintain a lifestyle comparable to the one enjoyed during the marriage.

There are two primary types of maintenance:

  • Temporary Maintenance: Paid while the divorce is pending, providing short-term financial stability.
  • Post-Divorce Maintenance: Ordered after the divorce is finalized, and can be for a fixed period or, in some cases, long-term.

Maintenance is not automatic the court evaluates various statutory factors before awarding support, including the length of the marriage, standard of living, income disparity, health, age, and earning capacity of both spouses.

📞 (646) 440-4943
📧 rcordero@corderofamilylaw.com

How Is Maintenance Calculated in New York?

New York uses a formula-based approach to calculate both temporary and post-divorce maintenance, with income caps that are updated annually. As of 2024, the income cap is $203,000. If either party earns above that amount, the court may apply discretion to determine whether additional maintenance is warranted.

The formula subtracts 25% of the recipient’s income from 20% of the payor’s income and adjusts for child support, taxes, and healthcare costs. However, this calculation is just a starting point. The court also considers:

  • The length of the marriage
  • The age and health of both spouses
  • Present and future earning capacity
  • The need for education or job training
  • Contributions to the marriage (including homemaking or supporting a spouse’s career)
  • Any wasteful dissipation of marital assets

We carefully document your financial circumstances and advocate for an award that is fair and aligned with your long-term financial stability—whether you’re the recipient or the payor.

Representing Payors and Recipients Alike

At The Law Office of Ramonita Cordero, we represent both parties in spousal support disputes:

  • If you’re the less-monied spouse, we fight to ensure you receive fair maintenance that accounts for your sacrifices during the marriage, such as putting your career on hold to raise children or support your spouse’s business.
  • If you’re the monied spouse, we work to prevent overreaching demands, ensure accurate income reporting, and avoid unfair or indefinite support obligations.

We bring strategic insight to both sides of the table.

Can Spousal Support Be Modified or Terminated?

Yes. Maintenance orders can be modified when there is a substantial change in circumstances. Common reasons include:

  • Job loss or significant change in income
  • Remarriage or cohabitation of the receiving spouse
  • Health problems that affect earning capacity
  • Retirement

We assist with petitions to increase, decrease, or terminate support—and defend against them when filed unjustly.

What Happens If Spousal Support Isn’t Paid?

If your former spouse fails to pay court-ordered support, you have legal remedies. We can help you:

  • File an enforcement petition
  • Obtain wage garnishment
  • Secure money judgments with interest
  • Request contempt proceedings

On the flip side, if you’re being wrongly accused of non-payment, we defend your rights and work to correct or modify the order if needed.

Spousal Support in High-Income and Complex Cases

In high-net-worth divorces, calculating maintenance becomes more nuanced. We regularly handle:

  • Unusual income structures (bonuses, stock options, deferred compensation)
  • Business owners and self-employed individuals
  • Imputed income disputes where one party underreports their earning capacity

We work with forensic accountants and financial experts to uncover the full picture and argue for a support order that reflects economic reality—not fiction.

Frequently Asked Questions About Spousal Support in New York

1. How long do I have to pay maintenance?


It depends on the length of the marriage. For example, a 10-year marriage might result in 3–5 years of support. The court follows duration guidelines unless there’s a compelling reason to deviate.

Yes. Spouses can agree on maintenance terms in a settlement or prenuptial/postnuptial agreement. The court will generally uphold them unless they are grossly unfair.

If the recipient spouse is cohabiting with a new partner, you may have grounds to terminate maintenance. The burden of proof is on the payor.

Yes. Under New York law, maintenance automatically terminates upon remarriage of the recipient.

Possibly. Courts consider career sacrifices, parenting responsibilities, and the time needed to become self-supporting.

In New York, “maintenance” is the correct legal term. “Alimony” is an outdated term still used in some states.

Yes. In some cases, a lump-sum buyout can be negotiated as part of a settlement to avoid ongoing monthly payments.

The court may issue a temporary maintenance order while the case is pending. This ensures the less-monied spouse can meet basic needs during litigation.

We use legal tools such as discovery, subpoenas, and forensic evaluations to uncover hidden or misrepresented income.

Yes. Courts may award interim counsel fees to help level the playing field when one spouse controls most of the financial resources.