New York maintenance Calculator

Temporary maintenance during divorce proceedings is calculated using statutory formulas established in Domestic Relations Law § 236(B)(5-a). Post-divorce maintenance is governed by § 236(B)(6), where courts apply statutory formulas, duration advisory ranges, and deviation factors before entering a final award. In New York, maintenance is designed to address financial disparity between spouses after divorce. A spouse may qualify for maintenance when there is a demonstrated economic disparity and the statutory analysis supports an award. Courts review the parties' incomes, property distribution, future earning potential, and financial circumstances. Qualification does not require fault and is evaluated under the statutory framework.

New York uses statutory guideline formulas for temporary and post-divorce maintenance on the payor's income up to the statutory income cap. The formulas are presumptive guideline calculations, but courts may adjust or deviate if the guideline amount is unjust or inappropriate after considering statutory factors. Maintenance above the income cap is discretionary. The calculator uses gross income for this planning estimate. Planning approach: Guideline maintenance estimate using New York's higher formula: 30% of payer income minus 20% of recipient income, capped so the recipient does not receive more than 40% of combined income after maintenance. If the maintenance payer is also the noncustodial parent paying child support, New York uses a lower formula: 20% of payer income minus 25% of recipient income. New York has statutory maintenance formulas for both temporary and post-divorce maintenance, but the result is still subject to court review and possible deviation. The formula applies to the maintenance payor's income up to the statutory cap, currently $241,000 for forms revised March 1, 2026. Income above the cap is handled under statutory factors and should not be automatically included in the formula. The calculator uses gross income as an approximation, but New York's statutory income calculation may include deductions and adjustments, so actual court worksheets may differ.

Because New York uses equitable distribution rules, property division under New York Domestic Relations Law § 236(B)(5-a) (temporary maintenance) and § 236(B)(6) (post-divorce maintenance) may reduce ongoing maintenance need. Statutory maintenance formulas apply to both temporary and post-divorce maintenance calculations.

Marriage duration shapes both amount and length of support in New York. For mid-length marriages, maintenance may be awarded for a meaningful but finite period. Courts frequently balance rehabilitation, earning capacity development, and preservation of economic fairness. Duration guidelines: New York uses a nonmandatory advisory duration schedule for post-divorce maintenance. For marriages up to and including 15 years, guideline duration is generally 15% to 30% of the marriage length. For marriages over 15 years and up to 20 years, guideline duration is generally 30% to 40% of the marriage length. For marriages over 20 years, guideline duration is generally 35% to 50% of the marriage length. Temporary maintenance lasts only while the divorce case is pending.

Domestic Relations Law § 236(B)(5-a) establishes presumptive temporary maintenance formulas. Domestic Relations Law § 236(B)(6) governs post-divorce maintenance and deviation analysis.

Most New York divorces settle before trial. Use this estimate to prepare for mediation and compare proposed settlement amounts against NY statutory factors.

How long maintenance lasts in New York: New York uses a nonmandatory advisory duration schedule for post-divorce maintenance. For marriages up to and including 15 years, guideline duration is generally 15% to 30% of the marriage length. For marriages over 15 years and up to 20 years, guideline duration is generally 30% to 40% of the marriage length. For marriages over 20 years, guideline duration is generally 35% to 50% of the marriage length. Temporary maintenance lasts only while the divorce case is pending.

Short-term marriages: Short-duration marriages often result in limited maintenance designed to facilitate financial transition. Courts generally focus on reducing economic disruption rather than creating long-term dependency. Typical range: 0-5 years.

Mid-length marriages: For mid-length marriages, maintenance may be awarded for a meaningful but finite period. Courts frequently balance rehabilitation, earning capacity development, and preservation of economic fairness. Typical range: 5-20 years.

Long-term marriages: Long-term marriages may support extended maintenance awards and, in some circumstances, non-durational support. Courts pay particular attention to age, employability, and long-standing economic dependence. Typical range: 20 years to potentially non-durational.

Termination in New York: Maintenance generally terminates upon the death of either party unless otherwise provided by agreement or order. Remarriage of the recipient commonly results in termination, subject to the terms of the governing order or agreement.

New York judges apply New York Domestic Relations Law § 236(B)(5-a) (temporary maintenance) and § 236(B)(6) (post-divorce maintenance) and weigh multiple factors when setting maintenance. New York uses the term maintenance for spousal support and employs statutory formulas that provide presumptive maintenance amounts in many cases. Courts begin with the statutory calculation but may deviate when the formula would be unjust or inappropriate after considering statutory factors. Maintenance awards are intended to address economic disparities created by the marriage and divorce.

Income and earning capacity: New York courts evaluate the income and property of each spouse after equitable distribution. The calculator reflects income disparity through this planning approach: Guideline maintenance estimate using New York's higher formula: 30% of payer income minus 20% of recipient income, capped so the recipient does not receive more than 40% of combined income after maintenance. If the maintenance payer is also the noncustodial parent paying child support, New York uses a lower formula: 20% of payer income minus 25% of recipient income.

Marriage duration: For mid-length marriages, maintenance may be awarded for a meaningful but finite period. Courts frequently balance rehabilitation, earning capacity development, and preservation of economic fairness.

Standard of living and health: New York courts consider the present and future earning capacity of both parties. New York courts review the duration of the marriage and the age and health of the spouses.

Property and regional factors: Statutory maintenance formulas apply to both temporary and post-divorce maintenance calculations. Maintenance calculations are subject to a legislatively adjusted income cap. New York provides advisory maintenance duration ranges linked to marriage length. Courts retain authority to deviate from presumptive results when appropriate.

Modification standard: Maintenance orders may be modified when statutory standards for modification are satisfied, including qualifying changes in circumstances.