New York Maintenance Calculator
Calculate spousal maintenance using New York's statutory formula
Covers temporary and post-divorce maintenance
Covers temporary and post-divorce maintenance
Types of Maintenance in New York
New York officially calls spousal support 'maintenance' rather than alimony. The terms are often used interchangeably, but court documents will use 'maintenance.'
Temporary Maintenance
Also called pendente lite maintenance, this is awarded during the divorce proceedings to maintain the status quo. Uses a specific statutory formula.
Post-Divorce Maintenance
Awarded as part of the final divorce judgment. Duration is advisory based on marriage length. Can be durational or permanent in rare cases.
The New York Maintenance Formula
Calculating Guideline Maintenance
New York uses a statutory formula to calculate guideline maintenance. When there is no child support obligation to the same payee:
- Calculate 20% of the payor's income
- Calculate 25% of the payee's income
- Subtract step 2 from step 1 = Amount A
- Calculate 40% of combined income
- Subtract payee's income from step 4 = Amount B
- The lesser of Amount A or Amount B is the guideline maintenance
The formula applies only to income up to $203,000 (payor) as of 2024. Courts have discretion for income above this cap.
Advisory Duration Guidelines
| Marriage Length | Duration |
|---|---|
| 0-15 years | 15-30% of marriage |
| 15-20 years | 30-40% of marriage |
| 20+ years | 35-50% of marriage |
These are advisory guidelines. Courts may deviate based on circumstances.
Factors NY Courts Consider
Income Disparity
The difference between the parties' incomes is the primary factor. NY uses a formula based on this disparity.
Length of Marriage
Directly affects duration: 15-30% of marriage length for marriages 0-15 years, 30-40% for 15-20 years, and 35-50% for 20+ years.
Age and Health
Present and future earning capacity of both parties, considering any health issues or disabilities.
Child Custody
If there are children, whether child support is being paid affects the maintenance formula calculation.
Standard of Living
The standard of living established during the marriage that the court aims to maintain.
Contributions
Contributions as a homemaker, to career building, and any loss of career opportunities.
Calculate Your New York Maintenance
Use our free calculator to estimate maintenance based on New York's statutory formula. Splitifi can help you understand your rights and prepare for negotiations.