The Two New York Maintenance Formulas
New York sets post-divorce maintenance as the lower of two amounts on the payor’s income up to $241,000: 20% of the payor’s income less 25% of the payee’s (30% less 20% without child support), and 40% of combined income less the payee’s income, never below the payor’s self-support reserve.
Payor and payee
The payor is the spouse with the higher income and the payee the spouse with the lower. Income is income as defined for child support, without subtracting maintenance paid between the parties, plus income from property distributed in the divorce; the length of the marriage runs from the date of marriage to the start of the action (DRL 236(B)(6)(b)).
With child support and the payor non-custodial
Subtract 25% of the payee’s income from 20% of the payor’s income; then multiply the sum of both incomes by 40% and subtract the payee’s income. The guideline is the lower of the two, or zero if that is zero or less.
Without child support, or if the payor is the custodial parent
Subtract 20% of the payee’s income from 30% of the payor’s income and compare it to the same second amount; the lower is the guideline.
An example
Payor $120,000 and payee $40,000, no child support: the first amount is $36,000 minus $8,000, $28,000; the second is $64,000 minus $40,000, $24,000; the guideline is $24,000 a year. With child support and the payor non-custodial, the first amount is $24,000 minus $10,000, $14,000, so the guideline is $14,000.
The cap and the reserve
The formulas apply to the payor’s income up to the cap, $241,000 from March 1, 2026; for more income the additional maintenance is in the court’s discretion, with written reasons. If the guideline would take the payor below the self-support reserve ($21,546 for 2026), it is the payor’s income minus the reserve; below the reserve, there is a presumption of no maintenance. With a payor at $300,000, the formula uses $241,000 and gives $64,300 a year.
Questions to bring to an attorney
Ask which formula applies to your case and whether an adjustment is likely.
Order of calculation
Maintenance is calculated first, and subtracted from the payor’s income and added to the payee’s income to calculate child support. See the New York alimony calculator.
Frequently asked questions
What is the New York maintenance formula?
The lower of two amounts on the payor's income up to the cap; which first formula applies depends on whether child support is paid and who is the non-custodial parent.
Who is the payor in New York maintenance?
The spouse with the higher income.
What is the New York self-support reserve for maintenance?
$21,546 for 2026; maintenance cannot take the payor below it, and below it there is a presumption of no maintenance.
What if the payor earns more than the cap in New York?
The formula applies up to the cap and the court decides additional maintenance in its discretion, with written reasons.
Is there temporary maintenance in New York?
Yes. A similar formula applies during the case under DRL 236(B)(5-a).
Official sources
A local family law attorney can review your situation — many offer a free consultation.
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.