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 | Oregon |
|---|---|---|
| Support term | maintenance | spousal support |
| Formula profile | statutory | discretionary |
| 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 spousal support may be awarded while the divorce case is pending to address immediate financial needs. Final spousal support is governed primarily by ORS § 107.105 and may be transitional, compensatory, maintenance-based, or a combination of support types. |
| Statute citation | New York Domestic Relations Law § 236(B)(5-a) (temporary maintenance) and § 236(B)(6) (post-divorce maintenance) | ORS § 107.105; ORS § 107.135 |
Best for
Relocation planning, negotiation prep, and state-by-state estimate checks.
Use with
New York and Oregon 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 Oregon. 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 need, ability to pay, income disparity, marriage length, earning capacity, marital standard of living, property division, education or training needs, career contributions, age, health, and Oregon statutory factors; no mandatory statewide formula applies.
$1,467/mo
Planning range: $954-$1,980/mo
Duration: Medium to long marriage
Oregon 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. Oregon: Conservative educational estimate based on need, ability to pay, income disparity, marriage length, earning capacity, marital standard of living, property division, education or training needs, career contributions, age, health, and Oregon statutory factors; no mandatory statewide formula applies.
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. Oregon: Oregon has no fixed statutory duration formula. Transitional support is usually tied to a training, education, or employment transition period. Compensatory support depends on the amount, duration, and nature of the contribution and the expected benefit to the other spouse. Spousal maintenance may be for a specified or indefinite period. Long marriages with substantial dependency, age, health limitations, or limited earning capacity may support longer or indefinite maintenance, but no duration is automatic.
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. Oregon: Oregon support may be modified under ORS § 107.135 when a substantial change in economic circumstances justifies review, unless the judgment or agreement limits modification. The modifiability of an award may depend on the support type and the terms of the 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.
Oregon uses the term spousal support and recognizes distinct statutory categories for transitional, compensatory, and maintenance support. Courts do not use a mandatory statewide formula and instead set support in a manner that is just and equitable under ORS § 107.105. Oregon's analysis focuses on training needs, career contributions, long-term economic fairness, and the financial circumstances of both spouses.
Eligibility: A spouse may qualify if the statutory factors support an award based on training needs, significant contributions to the other spouse's earning capacity, or ongoing maintenance needs. Courts evaluate marriage length, work history, financial resources, earning capacity, health, and the marital standard of living. Eligibility depends on the specific support category and whether the requested award is just and equitable.
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.
