New York Alimony & Spousal
Support Calculator

New York uses a statutory formula to calculate maintenance, providing a more predictable framework for divorcing spouses than pure judicial discretion. Under N.Y.

Dom. Rel.

Law § 236(B)(6), the court applies a mathematical formula based on each spouse's gross income to determine both the amount and duration of alimony payments. While the formula provides a presumptive guideline, New York courts retain the ability to deviate from it when circumstances warrant.

The formula-based approach in New York was designed to reduce divorce litigation costs and increase consistency across family law cases. The state's formula considers formula: lesser of (a) 30% of payor's income minus 20% of payee's income, or (b) 40% of combined income minus payee's income; duration per advisory schedule tied to marriage length.

However, the formula is just a starting point — judges may adjust the final maintenance award based on the specific facts of each case, including the standard of living during the marriage, the age and health of both parties, and the distribution of marital property.

Use our New York alimony calculator above to estimate your maintenance obligation or entitlement based on the formula. Whether you are the paying spouse or the receiving spouse, the formula output gives you a realistic range to negotiate from before engaging with an attorney.

Family law attorneys in New York City and across New York can explain how local courts apply the formula in practice and whether your facts support a deviation.

New York recognizes several types of maintenance: temporary (pendente lite), post-divorce maintenance. Each serves a different purpose and applies under different divorce circumstances.

The type of alimony awarded depends on the length of the marriage, the financial circumstances of both spouses, and the specific needs demonstrated by the requesting party.

Temporary alimony (also called pendente lite maintenance) is awarded during the divorce proceedings to maintain the financial status quo while the case is pending. This type of support ensures that the lower-earning spouse can cover living expenses — including housing, utilities, and basic needs — until New York courts issue a final maintenance order.

Temporary support automatically terminates when the final divorce decree is entered.

New York uses a statutory formula to determine presumptive maintenance amounts based on each spouse's gross income. The formula works as follows: formula: lesser of (a) 30% of payor's income minus 20% of payee's income, or (b) 40% of combined income minus payee's income; duration per advisory schedule tied to marriage length.

This mathematical approach provides a starting point that both parties and their family law attorneys can use to estimate likely alimony obligations before going to court. For example, if the higher earner brings home $8,000/month and the lower earner makes $3,000/month, the formula produces a specific presumptive figure that the court can then adjust based on the circumstances of the case.

The formula calculates a presumptive amount, but New York courts are not strictly bound by it. Judges may deviate from the formula result if the presumptive amount would be unjust or inappropriate given the specific circumstances of the divorce.

Common reasons for deviation include significant disparity in assets, one spouse's contribution as a homemaker, family violence, or the tax consequences of the maintenance award.

Duration of alimony is also guided by statutory formulas in New York, typically based on a percentage of the length of the marriage. For shorter marriages, maintenance duration in many jurisdictions runs **15–30%** of the marriage length as a general benchmark — though New York courts retain discretion to deviate based on the specific circumstances of each case.

For marriages exceeding 20 years, courts may award indefinite alimony. Use our New York alimony calculator to estimate both the amount and duration based on your specific monthly gross income figures and marriage length.

Pendente lite maintenance — temporary spousal support awarded while the divorce is pending — is a critical component of New York family law. Under N.Y.

Dom. Rel.

Law § 236(B)(6), either spouse can request pendente lite support to maintain financial stability during what is often a lengthy divorce process. The purpose is to preserve the financial status quo so that neither spouse is disadvantaged during litigation.

New York courts consider the same statutory factors when awarding pendente lite alimony as they do for final maintenance, though the analysis is typically less detailed at this stage. The court focuses on immediate financial needs and the paying spouse's ability to provide support.

Pendente lite maintenance terminates automatically when the court enters a final spousal support order as part of the divorce decree.

The length of the marriage is the single most important factor in determining how long alimony lasts in New York. Short-term marriages (generally under 10 years) rarely result in long-term alimony awards.

When maintenance is granted for a short marriage, it is typically rehabilitative and limited to 2–5 years — enough time for the receiving spouse to become self-supporting through education or training.

For moderate-length marriages (10–20 years), maintenance duration in New York is often set as a percentage of the marriage length. As a general benchmark used by many courts, that figure falls in the range of **30–50%** of the marriage — though New York judges have discretion to award more or less based on the specific facts.

A 15-year marriage, for example, might result in a alimony award lasting 5–7 years. The specific duration depends on factors like the age of the receiving spouse, their earning capacity, and whether they sacrificed career opportunities during the marriage.

Long-term marriages (20+ years) may qualify for indefinite or permanent maintenance in New York, particularly when the receiving spouse is older, has limited earning capacity, or made significant career sacrifices to support the family. Even permanent alimony is subject to review and modification if circumstances change substantially — for example, if the paying spouse retires or the receiving spouse begins cohabiting with a new partner.

Under the Tax Cuts and Jobs Act (TCJA) of 2017, alimony payments pursuant to divorce agreements executed after December 31, 2018 are no longer tax-deductible for the paying spouse or taxable income for the receiving spouse. This was a major change from prior law, where the payor could deduct maintenance payments and the recipient reported them as gross income.

If your divorce was finalized before 2019 and you have not modified the agreement, the old tax rules may still apply to your payments. See IRS Publication 504 (Divorced or Separated Individuals) for the federal tax treatment that applies regardless of state.

Spousal maintenance orders in New York can be modified if either spouse demonstrates a material change in circumstances. Common grounds for modification include significant changes in income (job loss, disability, retirement, or substantial raise), changes in the receiving spouse's financial needs, or the receiving spouse becoming self-supporting sooner than expected.

The party seeking modification bears the burden of proving the changed circumstances to New York courts.

Spousal maintenance in New York typically terminates automatically upon the remarriage of the receiving spouse or the death of either party. New York also allows termination or reduction of alimony if the receiving spouse enters into a supportive cohabitation arrangement — essentially living with a new partner in a marriage-like relationship.

For general information on divorce and support rights, USA.gov's divorce guide provides a plain-language overview of the legal steps involved. To find a qualified family law attorney in New York, see the ABA Family Law Section's attorney locator.

Consult a family law attorney if any of these circumstances apply to your situation.

In New York, child support and alimony are calculated separately but interact with each other. Most New York courts calculate child support first using the state's child support guidelines — use the New York Child Support Estimator to see how that figure is determined — then determine maintenance based on the remaining gross income available to each spouse.

This sequencing matters because child support obligations reduce the paying spouse's available income for alimony purposes. Some states impose a combined cap, limiting total support payments (child support plus maintenance) to a percentage of the payor's gross income, often **40–50%**.

Unlike child support, which follows formulaic guidelines tied to income changes, alimony modification generally requires a more substantial showing of changed circumstances. Child support generally takes priority in New York — if the paying spouse's income drops, courts typically preserve child support obligations before adjusting maintenance obligations.

Child support also ends when the child reaches the age of majority, which may trigger a review of alimony if the paying spouse's financial picture changes significantly during the divorce process.

Alimony is one component of the overall divorce financial picture. The New York Divorce Cost Estimator projects total attorney fees and filing costs for your case.

For divorces with children, the New York Child Support Estimator calculates guideline support amounts using New York's income model. And for marital property allocation, the New York Property Division Calculator covers New York's equitable distribution or community property rules.