Legal Question in Family Law in New York

Alimony and or maintenance

After 19 years of marriage, and having been a full time mom and homemaker, I divorced my husband for infidelity. I agreed to 5 years of maintenance ( a minimal amount of years for the length of marriage) as part of the divorce settlement. I have finally found employment after 3 years of searching and am wondering if I will lose my last two years of maintenace because my financial situation will be improved. Is it possible for my ex to have our divorce agreement modified even though there are no stipulations with regard to a change of circumstance?


Asked on 8/04/03, 4:41 pm

2 Answers from Attorneys
Seth Kaufman Seth M. Kaufman

Re: Alimony and or maintenance

If there is no surviving separation agreement, pursuant to DRL 236(B)(9)(b), maintenance can only be modified if the recipient is unable to support his/her self or there has been a substantial change in circumstances or child support has been terminated. In addition, DRL 248 provides for modification in the event the recipient remarries or cohabitates with a new partner. Obviously, the issue for you is whether your employment consitutes a "substantial" change in circumstances. I need more details to assess your case. Feel free to call me at 212-367-9167 to discuss this. I do not charge a fee for the inital consultation.

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Answered on 8/05/03, 4:50 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Alimony and or maintenance

Your ex has the right to make a petition for altering the original order. Of course, he has always had that right. The question is whether he will be awarded that outcome by the judge.

My opinion is that it is unlikely. Since the time period was minimal to begin with and the we are well into the period, he may be wasting his time. Yhe lack of addressing that issue in the original order is very important.

You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786

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Answered on 8/04/03, 6:25 pm


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