New York's Spousal Maintenance Formula

New York uses a formula-based approach to calculate spousal maintenance, the state’s term for what many people call alimony. The governing statute, Domestic Relations Law (DRL) Section 236(B)(6), was significantly reformed in 2015 to create a more predictable and transparent system. The formula applies to both temporary maintenance (paid during the divorce) and post-divorce maintenance (paid after the final judgment), though the calculations differ.

Understanding how the formula works, what the income cap means, how long maintenance lasts, and when courts can deviate from the guideline amount is essential for anyone going through a divorce in New York. This article explains each component of the spousal maintenance framework.

The 2015 Reform

Before 2015, New York courts had broad discretion in setting spousal maintenance awards, which led to inconsistent outcomes across counties and judges. In 2010, the legislature introduced a temporary maintenance formula, but post-divorce maintenance remained discretionary.

The 2015 Maintenance Guidelines Act extended the formulaic approach to post-divorce maintenance and introduced an advisory duration schedule. The reform aimed to bring greater predictability to maintenance awards while preserving judicial discretion to adjust for individual circumstances.

The key elements of the 2015 reform include:

• A post-divorce maintenance formula with two calculations
• An income cap that limits the formula’s application to a specific income threshold
• An advisory duration schedule based on the length of the marriage
• A list of 20 factors the court must consider if deviating from the guideline amount

The Post-Divorce Maintenance Formula

The post-divorce maintenance formula under DRL 236(B)(6) uses two calculations and awards the lower of the two results. This dual-calculation approach prevents the formula from producing results that would leave the paying spouse with less income than the receiving spouse.

Calculation 1: (Payor’s income x 20%) minus (Payee’s income x 25%)

Calculation 2: 40% of the combined income of both spouses, minus the payee’s income

The guideline amount is the lower of the two results. If either calculation produces a negative number, the guideline amount is zero — meaning no maintenance is warranted under the formula.

How the Income Cap Works

The formula does not apply to the payor’s entire income. Instead, it is capped at a specific income threshold. For 2025, the income cap is $228,000. This cap is adjusted periodically.

Here is how the cap functions: if the payor earns $300,000 per year and the payee earns $60,000, the court first applies the formula using the payor’s income capped at $228,000. For income above the cap, the court has discretion to award additional maintenance based on the 20 statutory factors, but there is no formula — the court exercises judgment.

This means the formula produces a baseline amount, and any additional maintenance above the cap is discretionary. Courts are not required to award additional maintenance on income above the cap, but they frequently do in cases involving long marriages, significant lifestyle disparities, or a spouse with limited earning capacity.

Temporary vs. Post-Divorce Maintenance

New York distinguishes between two types of spousal maintenance:

Temporary maintenance is paid during the pendency of the divorce — from the time of filing until the final judgment is entered. Its purpose is to ensure that the lower-earning spouse can maintain a reasonable standard of living while the divorce is being resolved. Temporary maintenance uses a similar formula to post-divorce maintenance, but the calculation is applied differently and the income cap may differ. Temporary maintenance terminates automatically when the final judgment of divorce is entered.

Post-divorce maintenance (also called durational maintenance) is awarded as part of the final judgment and continues for a specified period after the divorce is finalized. It is the post-divorce formula and duration schedule that the 2015 reform primarily addressed.

The two types serve different purposes. Temporary maintenance addresses immediate financial needs during litigation, while post-divorce maintenance addresses the longer-term economic consequences of the marriage and divorce. A spouse may receive temporary maintenance during the case and then a different amount of post-divorce maintenance in the final judgment.

The Advisory Duration Schedule

One of the most important aspects of the 2015 reform was the introduction of an advisory duration schedule for post-divorce maintenance. Before 2015, there was no guidance on how long maintenance should last, leading to widely varying durations across cases.

The advisory schedule ties the duration of maintenance to the length of the marriage:

For example, in a 10-year marriage, the advisory duration is between 1.5 years (15% of 10) and 3 years (30% of 10). In a 25-year marriage, the advisory duration is between 8.75 years (35% of 25) and 12.5 years (50% of 25).

The schedule is advisory, not mandatory. The court has discretion to award maintenance for a longer or shorter period based on the specific circumstances of the case. However, the schedule provides a starting point and creates an expectation that the court will explain any significant departure from the recommended range.

Permanent or lifetime maintenance is rare under the current framework but may still be awarded in exceptional circumstances, such as when the receiving spouse is elderly, disabled, or has been out of the workforce for the entirety of a very long marriage and has no realistic prospect of self-sufficiency.

The 20 Factors for Deviation

The guideline amount and advisory duration are presumptive, but either spouse can ask the court to deviate based on the 20 factors listed in DRL 236(B)(6)(e). If the court finds that the guideline amount is unjust or inappropriate, it may adjust the amount and duration after considering:

1. The age and health of the parties
2. The present and future earning capacity of the parties
3. The need of one party to incur education or training expenses
4. The termination of a child support award and its impact on the receiving spouse’s financial situation
5. The wasteful dissipation of marital property, including transfers or encumbrances in contemplation of divorce
6. The existence and duration of a pre-marital joint household or pre-divorce separate household
7. Acts by one party that have inhibited or continue to inhibit the other party’s earning capacity or ability to obtain meaningful employment (including domestic violence)
8. The availability and cost of medical insurance for the parties
9. The care of children or stepchildren, disabled adult children, or elderly parents that has inhibited or continues to inhibit a party’s earning capacity
10. The tax consequences to each party
11. The standard of living of the parties during the marriage
12. The reduced or lost lifetime earning capacity of the payee as a result of having forgone or delayed education, training, employment, or career opportunities during the marriage
13. The equitable distribution of marital property and the income or imputed income on the assets distributed
14. The contributions and services of the payee as a spouse, parent, wage earner, and homemaker, and to the career or career potential of the other party
15. The duration of the marriage and whether it was a barrier to the payee’s ability to become self-supporting
16. The ability of the payor to provide maintenance while meeting their own reasonable needs
17. Whether the payee has delayed or given up opportunities for education, training, or career advancement during the marriage
18. The presence of children of the marriage in the respective homes of the parties
19. Any marital property award and whether the assets distributed are income-producing
20. Any other factor the court finds just and proper

Courts do not apply these factors mechanically. Each case is evaluated on its own facts, and the weight given to any particular factor depends on the circumstances. A deviation must be supported by specific findings explaining why the guideline amount is unjust.

Modification of Maintenance

A post-divorce maintenance award can be modified if there has been a substantial change in circumstances. Common grounds for modification include:

• A significant change in either party’s income (such as job loss, disability, or a substantial raise)
• The receiving spouse’s cohabitation with another person (which may create a presumption that maintenance should be reduced or terminated under DRL 248)
• The receiving spouse’s remarriage (which terminates maintenance automatically under New York law)
• The paying spouse’s retirement, if it represents a genuine and good-faith decision
• A change in the cost of living or financial needs

The party seeking modification bears the burden of proving the substantial change in circumstances. Courts are generally reluctant to modify maintenance based on minor or temporary changes.

For a general overview of how alimony works, see our national guide on how alimony works. For more on the difference between temporary and permanent support, see our article on temporary vs. permanent alimony.

Interaction with Property Division and Child Support

Spousal maintenance does not exist in a vacuum. Courts consider maintenance in conjunction with equitable distribution and child support to create a complete financial picture.

Maintenance and equitable distribution. DRL 236(B)(5)(d)(6) explicitly lists any maintenance award as a factor in property division, and property division is a factor in the maintenance analysis. This interplay means that a spouse who receives a larger share of marital property may receive less maintenance, and vice versa. Courts try to avoid double-counting the same income or assets in both the maintenance and property division awards.

Maintenance and child support. Maintenance is calculated before child support. The maintenance amount is deducted from the payor’s income and added to the payee’s income for purposes of the child support calculation. This sequencing can significantly affect the child support amount.

For more information on New York child support, see our article on child support until age 21 in New York.

What to Do Next

If spousal maintenance is an issue in your New York divorce, take these steps:

1. Gather income documentation. Collect recent tax returns, pay stubs, W-2s, 1099s, and records of all income sources for both you and your spouse. The formula is driven by income, so accurate figures are essential.
2. Understand the formula and duration schedule. Run the two calculations using your income figures to get a preliminary sense of the guideline amount. Note that income above the cap is subject to the court’s discretion, not the formula.
3. Document your financial needs. If you are the lower-earning spouse, prepare a detailed budget showing your monthly expenses and the gap between your income and your needs. This information is critical if you are seeking a deviation from the guideline amount.
4. Consider the full financial picture. Maintenance interacts with property division and child support. Think about your case holistically rather than focusing on maintenance in isolation.
5. Consult a New York family law attorney. The maintenance formula is only the starting point — the actual outcome depends on numerous factors, income analysis, and strategic decisions. Schedule a free consultation to understand how the formula applies to your specific situation.

For more on the New York divorce process, see our article on the contested divorce process in New York. For a general overview of divorce, see our complete guide to divorce.