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 | Washington |
|---|---|---|
| Support term | maintenance | spousal maintenance |
| Formula profile | statutory | discretionary |
| Property system | equitable | community |
| 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 during a divorce or legal separation to preserve financial stability while the case is pending. Final maintenance is governed primarily by RCW 26.09.090 and is determined through judicial discretion rather than a mandatory statewide formula. |
| Statute citation | New York Domestic Relations Law § 236(B)(5-a) (temporary maintenance) and § 236(B)(6) (post-divorce maintenance) | RCW 26.09.090; RCW 26.09.080; RCW 26.09.170 |
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Relocation planning, negotiation prep, and state-by-state estimate checks.
Use with
New York and Washington 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 Washington. 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, marital standard of living, financial resources, earning capacity, education or training needs, age, health, and Washington statutory factors; no mandatory statewide formula applies.
$1,467/mo
Planning range: $954-$1,980/mo
Duration: Medium to long marriage
Washington 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. Washington: Conservative educational estimate based on need, ability to pay, income disparity, marriage length, marital standard of living, financial resources, earning capacity, education or training needs, age, health, and Washington 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. Washington: Washington has no fixed statutory duration formula. Short marriages often result in no maintenance or short transitional support. Medium-length marriages may support temporary or rehabilitative maintenance while a spouse becomes self-supporting. Long marriages may support longer maintenance, and in some cases maintenance intended to place the parties in roughly comparable post-divorce economic positions, but no duration is automatic. Duration depends on need, ability to pay, marriage length, standard of living, financial resources, education or training needs, age, health, and overall equity.
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. Washington: Maintenance may be modified under RCW 26.09.170 upon a substantial change in circumstances unless the decree or agreement limits modification. Courts review changes affecting need, resources, 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.
Washington refers to alimony as maintenance and gives courts broad discretion to set support in an amount and for a period the court finds just. RCW 26.09.090 directs courts to decide maintenance without regard to misconduct and after considering financial resources, education or training needs, marital standard of living, marriage duration, age and health, and the payer's ability to meet obligations. Washington is a community-property state, so property division under RCW 26.09.080 often affects the maintenance analysis.
Eligibility: A spouse or domestic partner may qualify if maintenance is just after considering the statutory factors and the financial realities of the case. Courts review the requesting party's resources, ability to meet needs independently, education or training timeline, and the other party's ability to pay while meeting personal obligations. Need is important, but Washington courts apply an equitable statutory-factor analysis rather than a strict threshold test.
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.
