New York Maintenance Calculator

Temporary maintenance during divorce proceedings is calculated using statutory formulas established in Domestic Relations Law § 236(B)(5-a). Post-divorce maintenance is governed by § 236(B)(6), where courts apply statutory formulas, duration advisory ranges, and deviation factors before entering a final award. In New York, maintenance is designed to address financial disparity between spouses after divorce. A spouse may qualify for maintenance when there is a demonstrated economic disparity and the statutory analysis supports an award. Courts review the parties' incomes, property distribution, future earning potential, and financial circumstances. Qualification does not require fault and is evaluated under the statutory framework.

New York uses statutory maintenance formulas that compare the parties' incomes and apply a legislatively established income cap. The court calculates the presumptive award and then determines whether deviations are appropriate based on statutory factors. For higher-income cases, judges have additional discretion regarding income exceeding the statutory cap. Our calculator uses gross income and the formula: 30% of payer income − 20% of recipient income within the statutory income cap (DRL § 236(B) presumptive maintenance). New York law applies statutory maintenance calculations under Domestic Relations Law § 236(B), then permits judicial deviation when the presumptive result would be unjust or inappropriate. Income above the cap is addressed separately; duration follows advisory ranges tied to marriage length.

Because New York uses equitable distribution rules, property division under New York Domestic Relations Law § 236(B)(5-a) (temporary maintenance) and § 236(B)(6) (post-divorce maintenance) may reduce ongoing maintenance need. Statutory maintenance formulas apply to both temporary and post-divorce maintenance calculations..

Marriage duration shapes both amount and length of support in New York. For mid-length marriages, maintenance may be awarded for a meaningful but finite period. Courts frequently balance rehabilitation, earning capacity development, and preservation of economic fairness. Duration guidelines: New York provides advisory duration ranges tied to the length of the marriage, with longer marriages supporting longer maintenance periods and some cases warranting non-durational awards..

Domestic Relations Law § 236(B)(5-a) establishes presumptive temporary maintenance formulas.. Domestic Relations Law § 236(B)(6) governs post-divorce maintenance and deviation analysis.

Most New York divorces settle before trial. Use this estimate to prepare for mediation and compare proposed settlement amounts against NY statutory factors.

How long maintenance lasts in New York: New York provides advisory duration ranges tied to the length of the marriage, with longer marriages supporting longer maintenance periods and some cases warranting non-durational awards..

Short-term marriages: Short-duration marriages often result in limited maintenance designed to facilitate financial transition. Courts generally focus on reducing economic disruption rather than creating long-term dependency. Typical range: 0-5 years.

Mid-length marriages: For mid-length marriages, maintenance may be awarded for a meaningful but finite period. Courts frequently balance rehabilitation, earning capacity development, and preservation of economic fairness. Typical range: 5-20 years.

Long-term marriages: Long-term marriages may support extended maintenance awards and, in some circumstances, non-durational support. Courts pay particular attention to age, employability, and long-standing economic dependence. Typical range: 20 years to potentially non-durational.

Termination in New York: Maintenance generally terminates upon the death of either party unless otherwise provided by agreement or order. Remarriage of the recipient commonly results in termination, subject to the terms of the governing order or agreement.

New York judges apply New York Domestic Relations Law § 236(B)(5-a) (temporary maintenance) and § 236(B)(6) (post-divorce maintenance) and weigh multiple factors when setting maintenance. New York uses the term maintenance for spousal support and employs statutory formulas that provide presumptive maintenance amounts in many cases. Courts begin with the statutory calculation but may deviate when the formula would be unjust or inappropriate after considering statutory factors. Maintenance awards are intended to address economic disparities created by the marriage and divorce.

Income and earning capacity: New York courts evaluate the income and property of each spouse after equitable distribution.. Our calculator reflects income disparity through 30% of payer income − 20% of recipient income within the statutory income cap (DRL § 236(B) presumptive maintenance).

Marriage duration: For mid-length marriages, maintenance may be awarded for a meaningful but finite period. Courts frequently balance rehabilitation, earning capacity development, and preservation of economic fairness.

Standard of living and health: New York courts consider the present and future earning capacity of both parties.. New York courts review the duration of the marriage and the age and health of the spouses.

Property and regional factors: Statutory maintenance formulas apply to both temporary and post-divorce maintenance calculations.. Maintenance calculations are subject to a legislatively adjusted income cap.. New York provides advisory maintenance duration ranges linked to marriage length.. Courts retain authority to deviate from presumptive results when appropriate..

Modification standard: Maintenance orders may be modified when statutory standards for modification are satisfied, including qualifying changes in circumstances.