In New York, alimony — also called spousal support or spousal maintenance — is determined at the court's discretion after weighing the length of the marriage, each spouse's income and earning capacity, and the standard of living established during the marriage; there is no single mandatory formula. Our calculator applies common advisory benchmarks to provide a planning estimate for New York spousal support.
New York alimony is awarded following a divorce or legal separation when one spouse has significantly lower income or earning capacity than the other. Unlike child support, which is calculated under a mandatory statutory formula (FCA §413 / Dom. Rel. Law §240), alimony in New York is not determined by a single mandatory formula. Instead, New York courts weigh a range of statutory factors to determine whether alimony is appropriate and, if so, the amount and duration most equitable given the facts of the case.
Because alimony decisions in New York are highly fact-specific and subject to judicial discretion, the estimates provided here should be treated as a starting point for planning and negotiation, not as a prediction of what a court will actually order. Actual awards can differ substantially based on your judge, the specific facts of your case, and any negotiated agreements reached in mediation. Always consult a licensed family law attorney in New York before making financial decisions based on any alimony estimate.
New York is a FORMULA state (DRL § 236). Where the payor also pays child support: maintenance = (20% × payor income) − (25% × payee income). Where they do not: (30% × payor income) − (20% × payee income). A second calculation caps the result at 40% of combined income minus the payee's income, and the LOWER result controls. The formula applies to payor income up to a statutory cap ($228,000 as of 2024, indexed every two years).
| Category | Details |
|---|---|
| Formula / Method | With child support: (20% × payor) − (25% × payee); without: (30% × payor) − (20% × payee); cross-checked against 40% of combined income minus payee income; income cap $228,000 (indexed). |
| Duration | Advisory schedule: 15–30% of marriage length (0–15 year marriages), 30–40% (15–20 years), 35–50% (20+ years). |
| Fault | Generally not considered; egregious conduct only in rare cases. |
| Modification | Modifiable on substantial change in circumstances; ends at remarriage or death. |
| Factor | Typical Impact on Award |
|---|---|
| Length of marriage | High — marriages under 10 years rarely result in permanent alimony |
| Income and earning capacity disparity | High — primary driver of amount; larger gap = larger award |
| Standard of living during marriage | High — courts try to preserve it for the lower-earning spouse |
| Non-economic contributions (homemaking) | Moderate — compensates career sacrifices during marriage |
| Age and health of each spouse | Moderate — poor health or older age limits ability to become self-supporting |
| Marital misconduct / fault | Varies — New York law determines whether fault is a permissible factor |
| Time to become self-supporting | Moderate — affects duration; education or training shortens it |