Alimony Lawyer New York, NY

Why Choose the Law Office of Daniel Clement for Alimony in New York, NY?

Decades of New York Divorce and Spousal Support Experience

Daniel Clement was admitted to the New York bar in 1986 and has practiced divorce and family law in New York ever since. That means he has worked through every major shift in New York’s spousal maintenance laws, including the 2015 and 2016 statutory reforms that significantly changed how courts calculate both temporary and post-divorce maintenance.

As a divorce lawyer in New York, NY, Daniel brings a practical, case-specific approach to every alimony matter. He understands how New York courts evaluate the statutory factors, how financial disclosure works in practice, and how to build arguments that actually hold up. He earned his J.D. from Brooklyn Law School and his undergraduate degree from the University at Albany.

Recognized Standing in the New York Legal Community

Daniel is a member of the New York City Bar Association and has served on its Matrimonial Committee, which focuses specifically on divorce and family law practice. That kind of direct engagement with New York matrimonial law, at the committee level, reflects a depth of involvement that goes well beyond routine case handling.

He was recognized as a Super Lawyer in September 2015 and received the Best Attorney recognition in Professional Services in June 2010. 

Transparent, Value-Driven Representation

Clients hire Daniel for personal attention, hard work, street smarts, and excellent value. In spousal support cases, where legal fees can escalate quickly if not managed well, that matters.  

A Track Record With High-Stakes Divorce Matters

Daniel Clement is specifically recognized for skillfully handling complex and high-profile divorce matters with a practical, client-centered approach. Alimony disputes, particularly in high-asset divorces, often involve business valuations, income attribution, and arguments about lifestyle during the marriage. Our specific experience and deep knowledge of the nuances of New York martial and property laws benefits you, our client. 

The firm has helped clients across New York reach favorable outcomes in divorce and spousal support proceedings. 

⭐⭐⭐⭐⭐ “I highly recommend Dan Clement! He advised me on my divorce and represented me very well. He listened to my concerns and addressed them efficiently. He was very effective and got straight to the point with opposing counsel, saving a lot of time in the process.” — Robert Leo

Read more reviews on our Google Business Profile.

Types of Alimony Cases We Handle in New York

Spousal support in New York takes several forms, and the legal strategy differs depending on where you are in the process and what your circumstances look like.

• Temporary maintenance (pendente lite). This is support paid while the divorce is pending. New York’s temporary maintenance guidelines under Domestic Relations Law Section 236B(5-a) provide a formula, but courts can deviate based on the facts. We handle motions for temporary support and pendente lite attorneys’ fees when the financial disparity between spouses warrants it.

• Post-divorce maintenance. This is what most people mean when they say alimony. It is support paid after the divorce is final, governed by the statutory formula and a list of discretionary factors. Duration, amount, and modifiability are all contested issues we handle regularly.

• Modification of existing orders. If your financial circumstances have changed substantially since the original order was entered, you may have grounds to seek a modification. We handle post-divorce modification proceedings for both payor and recipient spouses.

• Enforcement of maintenance orders. When a former spouse stops paying court-ordered support, enforcement is necessary. New York courts have tools including income execution, contempt, and license suspension. We pursue enforcement aggressively when needed.

• Termination of maintenance. Post-divorce maintenance in New York can terminate upon remarriage of the recipient, or upon cohabitation under certain circumstances. We handle termination petitions and respond to them. The law on cohabitation and maintenance has its own nuances in New York courts, which we address as it applies in your situation. 

• Prenuptial and postnuptial agreements affecting support. Alimony obligations are often shaped by agreements made before or during the marriage. We handle prenuptial agreements and postnuptial agreements that address spousal support, and we litigate disputes over whether those agreements are enforceable.

New York Legal Requirements for Alimony

Spousal maintenance in New York is governed by Domestic Relations Law Section 236B, which was significantly amended by the Child Support Modernization Act and subsequent legislation in 2015 and 2016. Here is what the law requires and how it works in practice.

The maintenance formula. New York now uses a statutory formula to calculate guideline maintenance amounts. For temporary maintenance, the formula under DRL 236B(5-a) produces a presumptive amount based on the parties’ incomes, subject to a cap on the payor’s income. For post-divorce maintenance under DRL 236B(6), a similar formula applies but courts must then consider a list of statutory factors to determine whether a deviation is warranted.

Statutory factors. Even when a formula produces a number, the court must consider factors such as the parties’ ages and health, the length of the marriage, the standard of living during the marriage, each spouse’s earning capacity, whether one party gave up career opportunities, and the tax consequences of the award. These factors leave significant room for advocacy.

Duration. New York law now includes advisory durational guidelines based on the length of the marriage. Longer marriages generally produce longer maintenance periods, but these guidelines are advisory, not mandatory. Courts retain discretion.

Tax treatment. The 2017 federal Tax Cuts and Jobs Act eliminated the deductibility of alimony payments for agreements executed after December 31, 2018. This significantly changed the economics of maintenance negotiations.  

The New York State Unified Court System’s self-help resources provide an overview of the divorce process, but the specific calculations and arguments involved in maintenance disputes require individualized legal analysis.

Important Aspects of a New York Alimony Case

Income Determination and Imputation

The starting point for any maintenance calculation is income. But income in a New York divorce is not always what appears on a tax return. Courts can impute income to a spouse who is voluntarily underemployed or unemployed. Business owners and self-employed individuals face particular scrutiny, since income can be obscured through business expenses, distributions, and compensation structures. 

Standard of Living During the Marriage

New York courts consider the marital standard of living when determining post-divorce maintenance. In longer marriages, this factor carries significant weight. Documenting what the standard of living actually was, through financial records, lifestyle expenses, and testimony, is an important part of building a strong maintenance case.

Duration and Modifiability

How long maintenance lasts, and whether it can be modified, are often the most contested issues in a case. Parties can agree to non-modifiable maintenance as part of a settlement, which provides certainty but eliminates flexibility if circumstances change. We counsel clients carefully on this tradeoff before any agreement is finalized. Courts also retain jurisdiction to modify modifiable awards upon a substantial change in circumstances. 

Intersection With Child Support

In cases involving both maintenance and child support, the interaction between the two calculations matters. New York’s child support formula uses income after maintenance is deducted or added, depending on the party. Getting the sequencing and calculation right is not optional. An error in one affects the other, sometimes significantly.

Agreements That Are Later Challenged

Maintenance provisions in separation agreements and stipulations of settlement are contracts. They are generally enforced as written. But there are grounds to challenge them, including unconscionability, duress, fraud, and failure to disclose assets. We handle both drafting agreements that hold up and litigating challenges to agreements that should not.  

Law Office Of Daniel Clement – NYC Family Law Firm

112 Madison Ave Suite 800
New York, NY 10016

Contact the Law Office of Daniel Clement

Alimony disputes in New York involve real money, real consequences, and legal arguments that reward preparation. Whether you are seeking support, contesting it, or trying to modify an existing order, having an attorney who has handled these matters in New York courts for more than three decades makes a measurable difference. The experience that the Law Office of Daniel Clement brings to your case, and our dedication to your property rights, make us wholly qualified to secure the best possible outcome in your matter. 

We offer free consultations and respond promptly. Contact us to schedule your consultation with our New York alimony lawyer.