New York Spousal Maintenance Calculator
Estimate guideline spousal maintenance (alimony) under New York Domestic Relations Law § 236(B), using the statutory formula and the income cap effective March 1, 2026.
Estimate only — not legal advice. Courts can and do deviate.How New York calculates spousal maintenance
New York uses a statutory guideline formula for post-divorce maintenance set out in Domestic Relations Law § 236(B)(6). The formula is applied to the payor’s income only up to a cap, which is $241,000 effective March 1, 2026 under the biennial adjustment published by the New York Office of Court Administration. Income above the cap is left to the court’s discretion.
Two formulas — the law uses the lower result
The court runs two calculations and the lower of the two is the guideline amount:
- If the payor also pays child support (payor is the non-custodial parent): the lower of (20% of the payor’s income − 25% of the payee’s income) and (40% of combined income − the payee’s income).
- Otherwise (no child support, or the payor is the custodial parent): the lower of (30% of the payor’s income − 20% of the payee’s income) and (40% of combined income − the payee’s income).
If either result is negative, the guideline amount is $0.
How long maintenance lasts
There is no fixed rule, but the statute provides an advisory schedule based on the length of the marriage:
- Marriage up to 15 years: roughly 15%–30% of the length of the marriage.
- Marriage of 15 to 20 years: roughly 30%–40%.
- Marriage over 20 years: roughly 35%–50%.
Why your actual award may differ
The guideline is a starting point. A judge can adjust the amount or duration after weighing statutory factors including the age and health of both spouses, present and future earning capacity, the need of one party to incur education or training expenses, care of children or family members, wasteful dissipation of assets, and the standard of living established during the marriage. Tax treatment also matters: for divorces finalized after 2018, maintenance is no longer deductible by the payor or taxable to the recipient under federal law.
Want the full picture with child support too? Try our combined child support & maintenance calculator, or read more about spousal support in New York.
Disclaimer: This calculator provides a rough estimate of guideline spousal maintenance under New York law for general informational purposes only. It is not legal advice, does not create an attorney-client relationship, and may not reflect the most recent statutory adjustments or the specific facts of your case. Actual maintenance is determined by the court and can deviate substantially from the guideline. Consult a qualified New York family law attorney before making any decisions. Weinrieb Law — 5555 Main Street, Suite 5, Williamsville, NY 14221 · (716) 759-4529.
Frequently Asked Questions About Spousal Maintenance in New York
How is spousal maintenance calculated in New York?
Domestic Relations Law § 236(B)(6) sets a two-formula calculation based on both spouses’ incomes (one formula where the payor also pays child support, another where they don’t), applied to income up to a statutory cap — $241,000 as of the March 2026 biennial adjustment. This calculator applies those formulas exactly.
How long does maintenance last after a New York divorce?
The statute provides an advisory schedule tied to the length of the marriage: roughly 15–30% of the marriage’s duration for marriages up to 15 years, 30–40% for 15–20 years, and 35–50% for marriages over 20 years. Judges retain discretion, and maintenance generally ends if the recipient remarries or either spouse dies.
Is the maintenance formula binding on the court?
The formula sets the presumptive award on income up to the $241,000 cap. Courts may deviate — and decide what to do about income above the cap — based on statutory factors including age, health, earning capacity, and the marital standard of living. Treat this calculator’s result as the starting point for negotiation, not a guarantee.
The New York maintenance duration schedule
Domestic Relations Law § 236(B)(6) gives judges an advisory schedule tying the length of a maintenance award to the length of the marriage. It is advisory, not binding — but it is where every negotiation starts.
| Length of the marriage | Advisory duration of maintenance | Example |
|---|---|---|
| 0 to 15 years | 15% – 30% of the length of the marriage | A 10-year marriage → roughly 1.5 to 3 years |
| 15 to 20 years | 30% – 40% of the length of the marriage | An 18-year marriage → roughly 5.4 to 7.2 years |
| Over 20 years | 35% – 50% of the length of the marriage | A 25-year marriage → roughly 8.75 to 12.5 years |
The two formulas
The amount is set by a two-formula calculation applied to income up to a statutory cap, and the court awards the lower of the two results. Which pair of formulas applies depends on whether the payor is also paying child support.
| Situation | Formula A | Formula B |
|---|---|---|
| Payor also pays child support | 20% of payor’s income − 25% of payee’s income | 40% of combined income − payee’s income |
| Payor does not pay child support | 30% of payor’s income − 20% of payee’s income | 40% of combined income − payee’s income |
The court awards the lower of the two figures, and never less than zero. Income above the statutory cap is left to the court’s discretion under the statutory factors.
Why your award may differ
The guideline is a starting point, not a verdict. A judge may adjust both the amount and the duration after weighing the statutory factors: the age and health of both spouses, present and future earning capacity, whether one spouse needs training or education, care of children or a family member, wasteful dissipation of marital assets, and the standard of living established during the marriage. Tax treatment matters too — for divorces finalized after 2018, maintenance is no longer deductible by the payor or taxable to the recipient under federal law.