How Can You Avoid Paying Alimony in New York? - Richard Roman Shum

From Law Office of Richard Roman Shum, Esq. - How Can You Avoid Paying Alimony in New York? explores the legal strategies spouses may use to avoid, reduce, or limit spousal maintenance during a New York divorce. This episode explains why New York uses the term “maintenance” instead of alimony, how Domestic Relations Law § 236(B) shapes payment obligations, and why shortcuts like hiding income, transferring assets, or voluntarily reducing earnings can create serious legal risks.

Listeners will learn how New York courts calculate temporary maintenance and post-divorce maintenance, including the higher formula, lower formula, the $241,000 maintenance payor income cap effective March 1, 2026, and deductions such as New York City income taxes, Yonkers income taxes, and FICA taxes. The discussion also covers the advisory duration schedule tied to marriage length, the role of Supreme Court and Family Court orders, and how rebuttal factors such as earning capacity, health, education, marital standard of living, and equitable distribution can affect the final outcome.

The episode also examines how contested and uncontested divorce proceedings can influence maintenance exposure in Manhattan and throughout New York City. Richard Roman Shum explains how prenuptial agreements, postnuptial agreements, and separation agreements may waive, cap, or structure maintenance, as well as how spouses may use marital assets, home equity, retirement accounts, investment accounts, or vehicles as alternatives to ongoing monthly payments.

Finally, the podcast outlines when maintenance may end or be modified, including death of either party, remarriage, qualifying cohabitation, substantial changes in circumstances, involuntary income reduction, serious illness, disability, or a former spouse’s improved financial position. For those facing spousal maintenance concerns, the Law Office of Richard Roman Shum, Esq., located at 20 Clinton St FRNT 5D, New York, NY 10002, represents clients in Manhattan divorce matters involving separation agreements, maintenance disputes, modification motions, and financial protection during divorce. Call (646) 259-3416 to schedule a consultation.

Law Office of Richard Roman Shum, Esq.

20 Clinton St FRNT 5D, New York, NY 10002

(646) 259-3416

https://www.google.com/maps?cid=3597344583150276913