State alimony comparison
Recommended workflow
Start with the legal differences below, run one shared estimate scenario, then open each state guide for the detailed framework courts may apply.
Use this side-by-side data view as a starting point, then review the linked state law guides and calculators for deeper planning context.
| Factor | New York | North Dakota |
|---|---|---|
| Support term | maintenance | spousal support |
| Formula profile | statutory | need-based |
| Property system | equitable | equitable |
| Legal framework | 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. | Temporary support may be awarded while the divorce case is pending to address immediate needs. Final spousal support is governed by N.D. Cent. Code § 14-05-24.1, while property division is governed separately by § 14-05-24. |
| Statute citation | New York Domestic Relations Law § 236(B)(5-a) (temporary maintenance) and § 236(B)(6) (post-divorce maintenance) | N.D. Cent. Code § 14-05-24.1; N.D. Cent. Code § 14-05-24 |
Best for
Relocation planning, negotiation prep, and state-by-state estimate checks.
Use with
New York and North Dakota calculators for same-fact estimates.
Remember
Support outcomes still depend on judge discretion, facts, and local procedure.
Same-facts estimate
Use the same income and marriage facts to see how the planning estimate changes between New York and North Dakota. This is educational, not a court prediction.
Guideline maintenance estimate using New York's higher formula: 30% of payer income minus 20% of recipient income, capped so the recipient does not receive more than 40% of combined income after maintenance. If the maintenance payer is also the noncustodial parent paying child support, New York uses a lower formula: 20% of payer income minus 25% of recipient income.
$2,000/mo
Planning range: $1,600-$2,400/mo
Duration: About 3 years
Conservative educational estimate based on reasonable need, ability to pay without undue hardship, income disparity, marital standard of living, property division, earning ability, marriage length, health, and statutory factors; no mandatory amount formula applies.
$1,467/mo
Planning range: $954-$1,980/mo
Duration: About 11 years
North Dakota relies heavily on court discretion or limited eligibility rules, so this estimate should be treated as a broad planning range.
New York: New York uses statutory guideline formulas for temporary and post-divorce maintenance on the payor's income up to the statutory income cap. The formulas are presumptive guideline calculations, but courts may adjust or deviate if the guideline amount is unjust or inappropriate after considering statutory factors. Maintenance above the income cap is discretionary. North Dakota: North Dakota does not use a mathematical formula for spousal support amount, but current law provides statutory threshold findings and duration limits. The court may not award permanent spousal support. It may award limited-term support only if the recipient lacks sufficient property or income to meet reasonable needs considering the marital standard of living, and the payor can provide support without undue economic hardship.
New York: New York uses a nonmandatory advisory duration schedule for post-divorce maintenance. For marriages up to and including 15 years, guideline duration is generally 15% to 30% of the marriage length. For marriages over 15 years and up to 20 years, guideline duration is generally 30% to 40% of the marriage length. For marriages over 20 years, guideline duration is generally 35% to 50% of the marriage length. Temporary maintenance lasts only while the divorce case is pending. North Dakota: North Dakota duration limits are tied to marriage length unless the court makes written findings that deviation is necessary. For marriages under 5 years, support is generally up to 50% of the marriage length. For 5 to 10 years, up to 60%. For 10 to 15 years, up to 70%. For 15 to 20 years, up to 80%. For 20 years or more, duration is as agreed by the parties or for a limited time determined by the court. Support generally terminates on the recipient's remarriage or death unless otherwise agreed, may terminate for qualifying cohabitation, and has a rebuttable retirement-age termination presumption.
New York: Maintenance orders may be modified when statutory standards for modification are satisfied, including qualifying changes in circumstances. Separation agreements and judgments may contain additional provisions affecting modification rights. North Dakota: Rehabilitative support may be modified if a material change in circumstances occurs during the rehabilitative period. General term support may be modified upon a material change in circumstances, while lump-sum support is not modifiable after judgment.
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.
Eligibility: 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.
North Dakota uses the term spousal support and now limits awards to statutory categories rather than permanent alimony. Courts may award rehabilitative, general term, or lump-sum spousal support when statutory findings justify the award. The state does not use a mandatory mathematical formula.
Eligibility: A spouse may qualify if the court expressly finds that the recipient lacks sufficient property or income to meet reasonable needs considering the marital standard of living. The court must also find that the payer has sufficient property or income to provide support, or that rehabilitative, general term, or lump-sum support is justified under the statute. Eligibility is not automatic and depends on express findings.
Alimony rules vary by state. Comparing two states helps readers understand differences in formulas, duration ranges, eligibility rules, modification standards, and judicial discretion before deeper research.
No. SettleCompass comparison pages are educational planning resources only and do not replace advice from a licensed family law attorney.
Yes. State formulas, income caps, duration rules, statutory factors, and judge discretion can produce different outcomes from the same basic facts.
Use state-specific calculator pages to model the same income and marriage-length assumptions across both states.
