Where the numbers come from
In New York, maintenance is calculated with a statutory formula based on both spouses' incomes up to an income cap, and a court can depart from the result when it would be unjust or inappropriate. Above the cap, any additional maintenance depends on statutory factors. For post-divorce maintenance, an advisory schedule ties duration to the length of the marriage, with room for adjustment. An alimony defense often focuses on the income figures: whether your income is overstated, whether your spouse's earning capacity is understated, and whether temporary circumstances are being treated as permanent. Temporary maintenance during the case is calculated separately and can be requested early, so the defense often begins well before any trial.
Evidence that supports your position
Pull together tax returns, pay records, business financials, and records of household expenses during the marriage. If your spouse has education, work history, or a job offer suggesting greater earning capacity, share what you know, since courts can impute income in some circumstances. Document any support you already pay voluntarily, and keep paying what is ordered while the case proceeds. Present your own finances accurately, because understating income tends to damage credibility on every other point.
Choosing a strategy
At the outset we review the claim, run the guideline calculation, and identify where the figures can reasonably be contested. We discuss whether a negotiated amount or duration is preferable to litigation, and whether a lump sum or a property offset could replace ongoing payments. We also consider tax effects and how termination events, such as the recipient's remarriage or cohabitation, are addressed in any agreement. If a prenuptial or postnuptial agreement limits or waives maintenance, its validity and terms may control much of the dispute. A position grounded in accurate numbers is far more persuasive than one grounded in frustration.
