White Plains Alimony Attorney

Alimony & Spousal Maintenance

Whether you’re seeking spousal support or contesting an obligation, the outcome of a maintenance matter depends heavily on who’s arguing your position in court. The Law Offices of Michael J. Borrelli, P.L.L.C. handles alimony and spousal maintenance cases throughout White Plains and Westchester County, backed by more than 30+ years of experience in these courts. Michael J. Borrelli has appeared in every court in Westchester County over his career, and is a lifelong resident of the area. He represents both spouses: those pursuing support and those contesting or limiting what they owe. Hablamos español.

Spousal maintenance decisions carry long-term financial consequences. Call (914) 928-2766 to schedule a free, confidential consultation, available 24/7, including nights and weekends.

What Sets Our White Plains Spousal Support Lawyer Apart?

Maintenance proceedings in Westchester County move through the Supreme Court of Westchester County in White Plains. Spousal support petitions outside of divorce may be filed in Westchester County Family Court, also in White Plains. Michael has appeared in both courts throughout his career. That familiarity isn’t incidental. It’s the product of 30+ years of continuous practice in this county.

Michael personally attends 99% of client court appearances, so the attorney you hire is the attorney who shows up. He was appointed by Presiding Justice Hon. A. Gail Prudenti to serve on the Committees on Character and Fitness of the Appellate Division, Second Judicial Department, a judicial appointment held by very few practicing attorneys. He has also served as a guest speaker at multiple continuing legal education programs, including presentations for law enforcement agencies across Westchester County.

Spousal Maintenance Issues We Handle

Spousal support, also known as alimony or spousal maintenance, doesn't follow a single script. Clients come to us at different points in the process: some before a divorce is filed, some after a final order is in place. 

We handle the full range of spousal support matters:

• Temporary maintenance (pendente lite) during pending divorce proceedings
• Post-divorce maintenance determinations
• Negotiated separation and settlement agreements
• Contested maintenance hearings before the court
• Modification petitions based on changed circumstances
• Enforcement actions when a support order isn’t being followed

We represent both the spouse seeking support and the spouse responding to a maintenance claim. If you’re trying to understand your exposure or protect your financial position, we apply the same process from your side.

How New York Courts Calculate Spousal Maintenance

New York refers to alimony as “maintenance.” In divorce proceedings, the term is maintenance; in family court proceedings, it’s spousal support. Either way, it isn’t automatic. The lower-earning spouse must petition, and the court applies a statutory formula to determine the amount.

Two formulas exist under New York law: the lower formula applies when the paying spouse is also paying child support, and the higher formula applies when child support isn’t part of the equation. Both formulas use the paying spouse’s income, capped at a statutory maximum. That cap is the starting point, not the final word.

Courts may deviate from the formula based on 15 statutory factors, including:

• Length of the marriage
• Age and health of both parties
• Present and future earning capacity
• Career sacrifices made during the marriage
• Standard of living established during the marriage
• Tax consequences to each spouse
• Wasteful dissipation of marital assets

Post-divorce maintenance may be durational, paid for a fixed period tied to the length of the marriage, or non-durational, meaning indefinite. Longer marriages and situations where one spouse can’t become self-supporting may lead to extended or permanent orders.

Under New York law, maintenance terminates automatically upon the death of either party or the recipient’s remarriage. Cohabitation doesn’t trigger automatic termination, but a paying spouse may petition the court for modification or termination by showing that the recipient is habitually living with another person and holding themselves out as that person’s spouse. A court may also modify maintenance upon proof of a substantial change in circumstances.

For divorces governed by a separation or divorce agreement executed after December 31, 2018, maintenance payments aren’t deductible by the payor under federal law and aren’t taxable income to the recipient. New York state tax treatment differs. Consult a tax professional regarding your specific situation.

Spousal Support & Alimony FAQ

Can Either Spouse Receive Maintenance or Only the Lower-Earning Spouse?

Either spouse may receive maintenance depending on the financial picture of the case. New York law doesn’t restrict maintenance by gender. The statutory formula looks at income, not identity.

How Long Will I Have to Pay, or How Long Can I Receive, Maintenance?

Duration follows advisory guidelines tied to the length of the marriage, but courts have discretion to deviate based on the 15 statutory factors. There’s no single answer that applies to every case. Short marriages typically result in limited-term support; longer marriages may lead to extended or open-ended orders.

What Qualifies as a Substantial Change in Circumstances to Modify a Maintenance Order?

Courts have recognized involuntary job loss, a significant and sustained income decline, serious health conditions affecting earning capacity, and the recipient’s remarriage or cohabitation. The party seeking modification must present evidence. A general claim of hardship isn’t enough.

Does a Prenuptial or Postnuptial Agreement Affect What I Owe or Receive?

A valid agreement, properly negotiated and executed, can limit or waive maintenance rights entirely. Courts can enforce such agreements when they meet New York’s requirements for validity. Whether your agreement qualifies is a fact-specific question worth discussing with an attorney.

What Happens If My Ex-Spouse Stops Paying Court-Ordered Maintenance?

Enforcement actions can be filed in the court that issued the original order. The Supreme Court of Westchester County in White Plains and Westchester County Family Court can authorize wage garnishment, financial restitution, and contempt proceedings against a non-compliant payor.

Schedule a Free Consultation with a White Plains Spousal Maintenance Lawyer

Maintenance decisions affect your finances for years. Getting the right representation at the start, whether you’re pursuing support or defending against an order, matters more than most clients expect. The Law Offices of Michael J. Borrelli, P.L.L.C. offers free, confidential consultations 24 hours a day, 7 days a week, for clients throughout White Plains and Westchester County.

Call (914) 928-2766 to speak with us today. There’s no obligation, and consultations are available whenever you’re ready to talk.