Calculation
Idaho: Conservative educational estimate based on statutory eligibility, reasonable need, ability to pay, income disparity, marriage length, financial resources, employability, education or training needs, health, and Idaho 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
Idaho: Idaho has no fixed statutory duration formula. Maintenance may be temporary while the divorce is pending, fixed-term or rehabilitative after divorce, or longer-term in uncommon cases where the recipient cannot become self-supporting because of age, disability, health, or similar circumstances. Duration depends on need, ability to pay, training or education timeline, marriage length, health, and the court's equitable judgment. 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
Idaho: Idaho maintenance may be modified when the governing order and law permit review after changed circumstances. Courts evaluate changes in need, income, employability, health, or ability to pay. 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.