Spousal Support & Maintenance Attorney in Buffalo, NY
New York’s maintenance guidelines changed significantly in 2015. Whether you are seeking support or facing a claim against you, understanding the formula — and its limits — is essential.
Spousal Maintenance in New York: An Overview
Spousal support — called “maintenance” in New York law — is financial support paid by one spouse to the other after separation or divorce. It is governed by DRL §236B and became significantly more structured in 2015, when New York adopted a formula-based approach to both the amount and duration of post-divorce maintenance.
Maintenance serves multiple purposes: it recognizes the economic impact of the marriage on each spouse, provides financial support while the lower-earning spouse rebuilds economic independence, and compensates a spouse who sacrificed career advancement to support the family. It is not a lifetime entitlement in most cases, and courts generally aim to make it rehabilitative rather than permanent.
The Maintenance Formula
New York’s statutory formula produces a guideline maintenance amount based on the parties’ incomes up to a statutory cap ($228,000 as of 2024 for the payor spouse’s income). The formula uses two calculations and takes the lower result:
- 30% of the payor’s income minus 20% of the payee’s income
- 40% of the combined income minus the payee’s income
The guideline duration is also formula-based, scaled to the length of the marriage:
- Up to 15 years: 15–30% of the length of the marriage
- 15–26 combined years: 30–40% of the length of the marriage
- More than 26 combined years: 35–50% of the length of the marriage (or potentially permanent)
These are guidelines, not absolute rules. A court can deviate from the formula amount or duration based on a finding that the guideline result would be unjust or inappropriate given the specific circumstances of the case.
Factors for Deviation from the Guideline
Courts consider 13 statutory factors when deciding whether to depart from the guideline maintenance amount or duration:
- Age and health of both spouses
- Present and future earning capacity of each spouse
- Wasteful dissipation of marital assets by either spouse
- Transfer or encumbrance of marital assets in contemplation of divorce
- Reduced earning capacity due to the marriage (e.g., leaving the workforce to raise children)
- Tax consequences to each party
- Standard of living during the marriage
- Whether the marriage lasted 15 or more years
- Contributions as a spouse, parent, wage earner, and homemaker
- Equitable distribution award and its impact on each party’s financial circumstances
- Any other factor the court finds just and proper
Temporary Maintenance During the Case
During the divorce proceedings, either spouse can move for temporary maintenance. Temporary maintenance is calculated using a slightly different formula under DRL §236B(5-a) and is intended to maintain the status quo while the case is pending. It does not necessarily predict the final post-divorce maintenance award, but establishing a fair temporary order early in the case is important because it can shape the parties’ financial expectations and negotiating positions.
Termination, Modification, and Enforcement
Post-divorce maintenance terminates automatically upon: the death of either party; the recipient spouse’s remarriage; and, if the agreement or order provides for it, the recipient’s cohabitation with an unrelated adult in a manner analogous to marriage. Courts can also terminate or modify maintenance based on a substantial change in circumstances — such as a significant increase in the recipient’s income or the payor’s involuntary job loss.
Note: Under the Tax Cuts and Jobs Act of 2017, maintenance paid under divorce agreements executed after December 31, 2018 is no longer deductible by the payor or taxable to the recipient. This significantly changes the after-tax economics of maintenance and affects negotiating strategy. We account for this in every case.
Frequently Asked Questions
Does the higher-earning spouse always pay maintenance?
Not automatically. Courts apply the formula and consider whether the guideline result is appropriate. In marriages where both spouses have similar incomes, the formula may produce a zero or minimal obligation. Maintenance is most significant when there is a large income disparity and when one spouse left the workforce or limited career advancement for the benefit of the family.
Can maintenance be waived in a separation or divorce agreement?
Yes. Spouses can agree to waive maintenance entirely, set an amount different from the guideline, or agree to a duration different from the formula-based guideline — as long as both parties enter the agreement voluntarily, with full financial disclosure, and with proper legal counsel. Courts enforce these waivers when the procedural requirements are met.
What if the lower-earning spouse refuses to work?
Courts expect the recipient of maintenance to take steps toward economic self-sufficiency. When a spouse is capable of working but refuses to, a court can impute income to them and reduce or terminate maintenance. Maintenance is generally rehabilitative, not a permanent subsidy. The payor can return to court to modify the obligation if the recipient is voluntarily unemployed after an appropriate period.
Is a long marriage treated differently?
Yes, significantly. In marriages of 20+ years, the formula allows for maintenance durations up to 50% of the length of the marriage, and in some cases, permanent maintenance. A spouse who has been out of the workforce for 20+ years, is approaching retirement age, or has health issues limiting employability has much stronger grounds for extended or open-ended maintenance than someone in a shorter marriage with viable career options.
What is the difference between temporary and post-divorce maintenance?
Temporary maintenance is paid during the pendency of the divorce proceedings and uses a slightly different statutory formula. Post-divorce maintenance is addressed in the divorce judgment or separation agreement and uses the DRL §236B(6) guidelines. The amounts can differ significantly, and a favorable or unfavorable temporary order does not guarantee the same outcome in the final judgment.
Estimate Your Spousal Support Amount
Use our free New York maintenance calculator to get an instant estimate based on both spouses' incomes and the length of your marriage — including combined maintenance and child support scenarios.
Open the Free Calculator →Estimates are for informational purposes only and do not constitute legal advice.
Complete Guide to Divorce in New York
12 pages covering equitable distribution, maintenance, child custody, timelines and more — written by Weinrieb Law attorneys.
Get a Consultation
Tell us about your situation. We respond within one business day — confidential and no obligation.
For urgent matters, call (716) 759-4529.