Although New York has finally ushered in an era of enlightenment by enacting the no-fault divorce law (Domestic Relations Law §170(7), effective Oct. 12, 2010), a key issue persists when spousal support is sought in actions enumerated in Domestic Relations Law (DRL) §236B(2)(a):

Except as provided in subdivision five of this part, the provisions of this part shall be applicable to actions for an annulment or dissolution of a marriage, for a divorce, for a separation, for a declaration of the nullity of a void marriage, for a declaration of the validity or nullity of a foreign judgment of divorce, for a declaration of the validity or nullity of a marriage, and to proceedings to obtain maintenance or a distribution of marital property following a foreign judgment of divorce, commenced on and after the effective date of this part.

In its definition of “maintenance,” DRL §236B(1)(a) states that maintenance “awarded by the court” may be “for a definite or indefinite period of time.” The mandatory language—”shall”—in §§236B(1)(a) and 236B(2)(a) is unambiguous: The statutory option of “definite or indefinite support” lodges in all the enumerated actions. Furthermore, DRL §236B(6)(c) makes permanent spousal support discretionary: A “court may award permanent maintenance”—thus emphasizing that permanency is not the default setting. Significantly, the statute does not state or even hint that the procedural termination of a §236B(2)(a) action is a determinant in the fixing of definite or indefinite spousal support.

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