How is Alimony Calculated in New York?

If you're going through a divorce in New York, one of the first questions you'll ask is: Will I receive alimony, or will I have to pay it? And if so, how much?

The good news is that New York doesn't leave this entirely to a judge's gut feeling. There's a specific formula baked into state law. The bad news is that the formula has several moving parts, and the final number can still shift significantly depending on your situation.

Here's how it actually works.

What New York Calls It

New York uses the term "maintenance" rather than alimony. They mean the same thing: regular payments from one spouse to another after the divorce is finalized. You'll also sometimes hear "spousal support" used interchangeably.

The Basic Formula

New York Domestic Relations Law §236B(6) establishes a guideline formula for calculating maintenance. The court starts with two calculations and takes the lower of the two results:

Calculation 1: 30% of the payor's income minus 20% of the recipient's income

Calculation 2: 40% of the combined income minus the recipient's income

The result is the annual guideline maintenance amount — assuming the combined income doesn't exceed the income cap (currently $203,000 per year).

Here's a simple example:

• Payor earns $120,000/year
• Recipient earns $40,000/year

Calculation 1: (30% × $120,000) − (20% × $40,000) = $36,000 − $8,000 = $28,000/year

Calculation 2: (40% × $160,000) − $40,000 = $64,000 − $40,000 = $24,000/year

The lower result is $24,000/year — so $2,000/month is the starting guideline.

What Adjusts the Amount

The formula gives the court a starting point. From there, several factors can push the number up or down:

• Length of the marriage. Longer marriages tend to produce more substantial awards.
• Health and disability. If either spouse has a serious health condition, it weighs into the calculation.
• Standard of living. Courts consider what lifestyle the couple maintained during the marriage.
• Care of children. A parent with primary custody may need more support.
• Career sacrifice. If one spouse left a career to support the other's advancement, that matters.
• Tax consequences. Changes to federal tax law mean maintenance payments are no longer deductible for the payor or taxable income for the recipient, which courts increasingly factor into the amount.
• Non-marital assets. Significant separate property can reduce a maintenance award.

A judge can deviate from the guideline amount if there are compelling reasons, but they must explain why in writing.

How Duration Is Calculated

New York also provides guidelines for how long maintenance should last, based on the length of the marriage:

| Marriage Length | Maintenance Duration | |-----------------|----------------------| | 0–15 years | 15%–30% of the marriage length | | 15–20 years | 30%–40% of the marriage length | | 20+ years | 35%–50% of the marriage length |

For a 10-year marriage, the guideline duration would be 1.5 to 3 years. For a 20-year marriage, it could be 7 to 10 years. For very long marriages, a court can award permanent (or "non-durational") maintenance.

These are guidelines, not mandates. The court weighs the same factors listed above when setting duration.

What "Equitable Distribution" Means Here

New York is an equitable distribution state. This means marital property is divided fairly, but fairly doesn't always mean equally. Separate property you brought into the marriage, or inherited during it, is generally protected. But the value increase of that separate property during the marriage can sometimes be considered marital.

The division of assets is a separate calculation from maintenance, but they interact. A spouse who receives a larger share of assets might receive lower or shorter maintenance. Courts look at the whole picture.

The Income Cap

The formula applies to combined income up to $203,000 (as of 2024, adjusted periodically). If your combined income exceeds that cap, the court has discretion to award additional maintenance above the guideline, but it's not automatic.

When Maintenance Ends

New York maintenance typically ends on the first of these events:

• The agreed-upon end date
• The recipient's remarriage
• Either spouse's death

Courts can include a provision that maintenance is reviewable or terminates if the recipient cohabits with a new partner in a supportive relationship, but this is not automatic. It must be written into the order.

Want to See Your Personalized Estimate?

The formula above gives you the framework, but your actual numbers depend on your specific income, your marriage length, your state's current cap, and any adjustment factors that apply to you.

IncoVoid calculates your personalized maintenance estimate using New York's guidelines, including duration, and shows you the full range if you're estimating your spouse's income.

Start your free IncoVoid assessment →

The assessment takes 12–18 minutes, and your report shows you the full formula calculation with your numbers plugged in, not just a ballpark figure.