Divorce
Last updated on September 18, 2025
New York Divorce Lawyer
A divorce affects every aspect of your life, from your relationships with your children to your property to your sense of personal identity. The New York divorce lawyers at The Law Offices of Polizzotto & Polizzotto, LLC, with law offices in Brooklyn, have more than 60 years’ experience helping people get through the process of divorce and move on with their lives.
A divorce affects families both emotionally and financially. The more contentious the divorce, the higher the emotional and financial toll will be. Children in particular can be negatively affected by disputes between their parents. Our lawyers will work hard to preserve your relationships with your children and move toward an amicable divorce and stable child custody arrangement that truly is in the best interests of your children.
In most cases, a divorce lawyer at The Law Offices of Polizzotto & Polizzotto, LLC, can resolve divorces quickly and efficiently through a negotiated settlement. If the other side is unreasonable, however, we are willing and able to represent your interests aggressively in court. Our lawyers are experienced in resolving all issues that can arise in divorce, including:
- Litigation of prenuptial and postnuptial agreements
- Separation agreements
- Child custody and visitation
- Child support
- Spousal support/alimony
- Equitable asset distribution
- Annulment
New Law On Spousal Maintenance
In 2015, the New York State Legislature made significant changes to the law on spousal support. The new law continues the formula put in place a few years ago to cover temporary spousal maintenance until a divorce becomes final. This formula will now also apply to post-divorce alimony (also called spousal support).
The formula will apply to income up to $184,000.00 in 2018. Under the new law, judges will have suggested ranges for the duration of awards, based on length of the marriage. The amount awarded under the formula will also be affected by whether there are child support payments.
The new law also removes a long-standing requirement in New York law regarding the valuation of professional degrees or licenses acquired during the marriage. Judges will no longer be required to automatically calculate the value of these degrees or licenses to be included in divorce awards.
How Alimony Is Calculated In New York
Alimony, also referred to as “spousal support” or “spousal maintenance” in New York, is a financial obligation that may arise during or after divorce proceedings. It is designed to help the lower-earning spouse maintain a reasonable standard of living. In New York, courts follow specific guidelines to determine whether alimony is appropriate and, if so, how much should be awarded to the recipient spouse.
Before calculating alimony, courts often assess the division of marital property through a process called equitable distribution. This does not mean assets are always split equally. Instead, the court evaluates what is fair based on the unique circumstances of the couple.
When determining alimony, New York courts often evaluate a range of personal and financial factors relevant to the marriage and the spouses. These considerations help to ensure that any spousal support awarded reflects the realities of both parties’ individual situations.
- The income and future earning capacity of each spouse
- The length of the marriage
- The age and health of both spouses
- The standard of living established during the marriage
- The availability and cost of health insurance
- The tax consequences of spousal support payments
- Each spouse’s contributions (financially or in-kind) to the marriage
- The efforts made by the recipient to become self-supporting
These factors provide a framework for judges to tailor awards to the needs and capabilities of each spouse.
New York City follows the statewide formula for calculating alimony. There are two distinct formulas used, depending on whether child support will be involved.
If child support plays a role in the case, the formula subtracts 25% of the recipient’s income from 20% of the payer’s income. If child support is not involved, the formula subtracts 20% of the recipient’s income from 30% of the payer’s income. These formulas are applied to income up to a statutory cap, which adjusts annually for inflation.
The duration of alimony is also guided by the length of the marriage. For example, a marriage lasting up to 15 years may result in alimony for 15 to 30% of that duration. Longer marriages may lead to longer support periods. However, courts retain discretion and may deviate from these guidelines when justified by the facts of the case.
As you can see, navigating alimony calculations in New York can be complex, especially if disputes between spouses arise. Regardless of whether you expect to pay or hope to receive support, strong legal representation can improve your position.
The experienced attorneys at The Law Offices of Polizzotto & Polizzotto, LLC, can help you understand your options and pursue a resolution that protects your financial future. Our team is ready to guide you through every step of the alimony process with clarity and solid legal strategies.
Resolving Issues That Arise After Separation
Our divorce attorneys also help clients resolve issues that arise after separation, such as relocation of a custodial parent, child custody modifications, modification of child support and spousal support, and enforcement of visitation and support orders.
For a consultation or for information about your legal rights and options in divorce or other family law matters, contact the Brooklyn area divorce attorneys at The Law Offices of Polizzotto & Polizzotto, LLC, today at 718-232-1250.