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 | Vermont |
|---|---|---|
| Support term | maintenance | spousal maintenance |
| Formula profile | statutory | formula |
| 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 maintenance may be awarded while the divorce or legal separation case is pending to address immediate support needs. Final maintenance is governed by 15 V.S.A. § 752, which includes statutory factors and advisory guideline ranges for amount and duration. |
| Statute citation | New York Domestic Relations Law § 236(B)(5-a) (temporary maintenance) and § 236(B)(6) (post-divorce maintenance) | 15 V.S.A. § 752; 15 V.S.A. § 758 |
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Relocation planning, negotiation prep, and state-by-state estimate checks.
Use with
New York and Vermont 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 Vermont. 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
Educational estimate using Vermont statutory guideline ranges: a conservative percentage of the difference between the parties' gross incomes, adjusted by marriage length. The base estimate uses 24% of the income difference, with lower multipliers for shorter marriages and higher multipliers for longer marriages.
$1,600/mo
Planning range: $1,280-$1,920/mo
Duration: About 8 years
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. Vermont: Vermont authorizes rehabilitative or long-term maintenance when the requesting spouse lacks sufficient income or property to meet reasonable needs and cannot support themselves at the marital standard of living through appropriate employment, or is the custodian of a child of the parties. Vermont law includes maintenance guideline ranges based on marriage length, income difference, and duration, but courts retain discretion and must consider statutory factors.
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. Vermont: Vermont's statutory guideline ranges connect duration to marriage length. For marriages under 5 years, maintenance may be none or short-term up to 1 year. For 5-10 years, duration is generally 20-50% of the marriage length. For 10-15 years, duration is generally 40-60% of the marriage length. For 15-20 years, duration is generally 40-70% of the marriage length. For marriages of 20 years or more, the guideline indicates approximately 45% of the marriage length, with awards potentially lasting 9-20+ years depending on the case.
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. Vermont: Vermont maintenance may be modified under 15 V.S.A. § 758 when a real, substantial, and unanticipated change of circumstances is shown. Courts may review changes in income, need, employment, health, or ability to pay.
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.
Vermont uses the term maintenance and allows rehabilitative or long-term payments when the requesting spouse lacks sufficient income or property and cannot meet reasonable needs. Vermont provides advisory maintenance guidelines based on marriage length, gross-income differences, and duration ranges. Courts may consider the guidelines along with statutory factors and may deviate when appropriate.
Eligibility: A spouse may qualify if they lack sufficient income, property, or both to provide for reasonable needs and are unable to support themselves through appropriate employment at the marital standard of living. Courts evaluate financial resources, education, training time, marriage length, age, health, earning capacity, and the payer's ability to meet personal needs while paying maintenance. Eligibility is not automatic even when guideline ranges exist.
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.
