Calculation
Alaska: Conservative educational estimate based on need, ability to pay, income disparity, marriage length, earning capacity, education, work history, health, property division, and Alaska statutory factors; no mandatory statewide formula applies. New York: 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.
Duration
Alaska: Alaska has no fixed statutory duration formula. Rehabilitative support may be awarded for education, training, or job skills needed to become self-supporting. Reorientation support may help a spouse adjust financially after divorce for a limited period. Longer-term support may be possible where it is just and necessary, such as in cases involving long marriages, serious health limitations, age, disability, or inability to become self-supporting, but it is not automatic. Duration depends heavily on the facts and the overall property and debt division. 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.
Modification
Alaska: Alaska support orders may be modified when a material change in circumstances justifies review, subject to the decree and applicable law. Changes in income, health, employment, or rehabilitation progress may affect future payments. New York: Maintenance orders may be modified when statutory standards for modification are satisfied, including qualifying changes in circumstances. Separation agreements and judgments may contain additional provisions affecting modification rights.