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If I am granted post-divorce maintenance, for how many years can I expect to receive it?
When deciding how many years a spouse will be ordered to pay post-divorce maintenance, the judge may – but doesn’t have to – use the following guidelines:
- for a marriage up to and including 15 years, alimony would be paid for a time period that equals 15% - 30% of the length of the marriage;
- for a marriage of more than 15 years, up to and including 20 years, alimony would be paid for a time period that equals 30% - 40% of the length of the marriage; and
- for a marriage of more than 20 years, alimony would be paid for a time period that equals 35% - 50% of the length of the marriage.1
In addition to having the option of using these guidelines, a judge must consider 15 factors when determining the amount of time that post-divorce maintenance will be paid, such as the age/health of the parties, and the reduced/lost earning capacity of one spouse as a result of having given up or delayed education, training, employment or career opportunities during the marriage. To read the complete list of the factors that a judge must consider, go to the NY Courts website.
1 NY Dom Rel Law § 236(6)(f)
