Duration and Termination of New York Maintenance

New York’s advisory duration for post-divorce maintenance is 15% to 30% of a marriage up to 15 years, 30% to 40% for 15 to 20 years and 35% to 50% beyond 20, and it ends on either party’s death or the payee’s marriage unless modified.

Advisory duration

The court may determine the duration under this schedule (DRL 236(B)(6)(f)):

Length of the marriagePercent of the marriage that maintenance is payable
0 up to and including 15 years15% to 30%
More than 15 up to and including 20 years30% to 40%
More than 20 years35% to 50%

A 10-year marriage therefore suggests 1.5 to 3 years. Whether or not it uses the schedule, the court must consider the adjustment factors and state them, and may award non-durational maintenance in an appropriate case.

Termination

Post-divorce maintenance terminates on the death of either party, on the payee’s valid or invalid marriage, or on modification.

Retirement

The court considers the parties’ anticipated retirement assets, benefits and retirement eligibility age if ascertainable at the time of decision; if not, the payor’s actual full or partial retirement with a substantial reduction in income is a basis for modification.

Modification

Maintenance may be modified under DRL 236(B)(9)(b), generally on a showing of a substantial change in circumstances, and orders and agreements from before 2015 are not modified merely because the guidelines exist.

Evidence to gather

Tax returns and income records for both spouses, the date of marriage and of the start of the action, and retirement information.

Questions for the negotiation

Decide whether the agreement should set a different duration and address retirement and remarriage.

Next steps

Apply the formula in the New York alimony calculator and read about the adjustment factors.

Frequently asked questions

How long does New York maintenance last?

The advisory schedule is 15% to 30% of a marriage up to 15 years, 30% to 40% for 15 to 20 years and 35% to 50% beyond 20 years.

Does remarriage end New York maintenance?

Yes, including an invalid marriage, and death of either party also ends it.

Can New York award permanent maintenance?

The court may award non-durational maintenance in an appropriate case.

Does retirement end New York maintenance?

Not automatically, but the payor's actual retirement with substantially less income is a basis for modification.

How is the length of the marriage measured in New York?

From the date of marriage to the date the action is commenced.

Official sources

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This is general information, not legal advice. It is based on the cited New York statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed New York attorney.