New York Alimony / Spousal Support Estimator

New York uses a statutory formula under Domestic Relations Law § 236(B)(5-a). Without child support, the court subtracts 20% of the payee's income from 30% of the payor's income, then compares this to 40% of combined income minus the payee's income — awarding the lower figure. The formula applies to payor income up to $228,000 as of March 2024. Above that cap, courts apply 15 statutory factors to set any additional maintenance amount.

New York provides two types: Temporary Maintenance during divorce proceedings and Post-Divorce Maintenance after the Judgment of Divorce is issued. Both use formula-based calculations under DRL § 236(B). Post-divorce maintenance may be durational (fixed term based on marriage length) or non-durational (lifetime) in appropriate cases. The court determines type based on 15 statutory factors including earning capacity and standard of living.

New York's advisory duration schedule under DRL § 236(B)(6) ties maintenance length to the marriage's duration. Marriages of 0–15 years yield 15%–30% of the marriage length; 15–20 years yield 30%–40%; over 20 years yield 35%–50%. For example, a 10-year marriage produces a range of 1.5–3 years. Courts may deviate from the schedule and may award non-durational maintenance in appropriate cases.

DRL § 236(B)(6)(E)(1) lists 15 factors courts must consider when setting post-divorce maintenance. Key factors include each party's age and health, present and future earning capacity, the standard of living established during the marriage, contributions as a homemaker, domestic violence, wasteful dissipation of marital assets, care of children or elderly dependents, and the equitable distribution of property. A catch-all 15th factor allows any consideration the court finds just and proper.

Yes, either party may petition to modify a post-divorce maintenance order under DRL § 236(B)(9) by demonstrating a substantial change in circumstances. Common grounds include job loss, disability, or the payor's retirement resulting in significantly reduced income. The payee's remarriage automatically terminates maintenance. Cohabitation may also be grounds for termination if specifically included in the Stipulation of Settlement, though New York courts apply strict definitions.

New York retains fault grounds for divorce including adultery under DRL § 170, but marital fault generally has limited impact on maintenance calculations. The statutory formula under DRL § 236(B) focuses on income disparity rather than fault. However, egregious conduct — such as attempted murder or domestic violence — can be considered under the 15 statutory factors. Courts may also consider fault when exercising discretion over income above the $228,000 cap.

For divorce agreements executed after December 31, 2018, spousal maintenance is no longer deductible by the payor or taxable income for the payee under federal tax law, per the Tax Cuts and Jobs Act. New York conforms to this federal treatment for state income tax purposes. Agreements executed before January 1, 2019 retain the prior tax treatment unless modified. This change effectively increased the real cost of maintenance for payors.

Yes, but New York applies heightened scrutiny to maintenance waivers in Prenuptial Agreements under DRL § 236(B)(3). The agreement must be in writing, subscribed by both parties, and notarized in the manner required for a deed. Following the 2025 JM v. GV decision, courts now require that waivers include actual guideline calculations showing the amount being waived, supported by income disclosure. A waiver deemed unconscionable — particularly one leaving a spouse at risk of becoming a public charge — may be invalidated.