In every divorce in which spousal maintenance and support is an issue to be resolved, whether by agreement of the parties or by order of the court in which a divorce action is pending, there is a constant refrain. On the one hand, the spouse in need of support asks with trepidation, “For how long will I receive alimony?” And, on the other hand, the more affluent spouse invariably asks with a strong tinge of anger in his or her voice, “When will I be able to stop paying support to that person?”

Ever since July 19, 1980, the date on which the Equitable Distribution Law became effective and the concept of “rehabilitative maintenance” entered the legal lexicon of matrimonial lawyers throughout New York State, the answers to these questions have been infused with guesstimates, cautions, rules of thumb, and other imprecise speculation based on anecdotal experiences and expectations. More often than not, the attorney answers, “I can't give you a prediction,” or “Don't hold me to it, but a rough rule of thumb is half the length of the marriage downstate or a third of the length of the marriage upstate,” etc. To say that answers such as these are anxiety-producing and a major source of contention and/or disappointment for both spouses, would be an understatement.

The new Maintenance Guidelines Law (Chapter 269 of the Laws of 2015), which becomes effective on Jan. 23, 2016, contains “advisory guidelines” for the duration of spousal maintenance. “Advice” is “an opinion or recommendation offered as a guide to conduct, action, etc.” See, e.g., Dictionary.com. One of many reasons why “advisory guidelines” rather than “mandatory guidelines” were incorporated into the new law was to ensure that parties and judges had broad discretion to fix the duration of maintenance based on the factors contained in the statute. See, Domestic Relations Law (DRL) §236B (6)(F)(2).