Quick answer: New York has a maintenance formula in DRL § 236(B)(6). The payor is the spouse with the higher income. For payor income up to the cap of $241,000 (effective March 1, 2026), the court takes the lower of two amounts. If child support is paid for children of the marriage and the payor is the non-custodial parent: 20% of the payor’s income minus 25% of the payee’s, and 40% of combined income minus the payee’s income. Otherwise: 30% of the payor’s income minus 20% of the payee’s, and the same second amount. The result cannot be below zero, and cannot take the payor below the self-support reserve, $21,546 for 2026; if the payor is already below it there is a rebuttable presumption of no maintenance. Above the cap the court may add maintenance in its discretion. The duration follows an advisory schedule: 15% to 30% of the length of the marriage for marriages up to 15 years, 30% to 40% for more than 15 up to 20 years, and 35% to 50% beyond 20 years; the court may award non-durational maintenance in an appropriate case. Maintenance ends on the death of either party or the payee’s marriage, and the court may adjust the guideline on fourteen listed factors.
What this calculator shows
The calculator applies the formula and the advisory duration. The two formulas are in the two maintenance formulas, duration, termination and modification in duration, termination and modification and the adjustment factors and the link to child support in the fourteen factors and the child support order.
Property, child support and maintenance
An award of maintenance is a factor in the equitable distribution of property, and maintenance is calculated before child support. See the New York property division calculator and the New York child support calculator.
Maintenance across New York
The statute applies in every New York Supreme Court, from New York City, Buffalo, Rochester, Yonkers, Syracuse or Albany. New York calls alimony “maintenance.” Temporary maintenance during the case uses a similar formula.
Frequently asked questions
How is maintenance calculated in New York?
The lower of two formulas applied to the payor's income up to $241,000: 20% of the payor's income minus 25% of the payee's (or 30% minus 20% without child support), and 40% of combined income minus the payee's income.
How long does New York maintenance last?
The advisory schedule is 15% to 30% of the length of a marriage up to 15 years, 30% to 40% for 15 to 20 years and 35% to 50% beyond 20; non-durational maintenance is possible.
What is the New York maintenance income cap?
$241,000 of the payor's annual income, effective March 1, 2026.
Does remarriage end New York maintenance?
Yes. Post-divorce maintenance terminates on either party's death or the payee's valid or invalid marriage.
Is maintenance calculated before child support in New York?
Yes. It is subtracted from the payor's income and added to the payee's income for the child support calculation.